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(영문) 대구지방법원 2016.09.22 2016고단2531
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud;

(a) On May 201, the Defendant was accompanied by the Defendant’s husband and wife, etc. of D High School C located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 201.

D High School E, the principal of the D High School, "There may be many profits when establishing a trade company in China to sell various items, such as cosmetics, coffee, school supplies, and clothing.

Each person's investment of KRW 180,000,000 per each, shall operate a trade company as such and guarantee 50% of its profits.

“A false representation was made.”

However, at the time of fact, the Defendant did not have property and had a debt amounting to KRW 100 million, so the above KRW 180 million could not be prepared, and there was no intention or ability to establish a trade company to pay profits to the victim because he thought that he would use the money received from the victim for other purposes, such as personal debt repayment.

The Defendant was transferred from the victim to the single bank account in the name of the Defendant on June 8, 201, KRW 40 million on the 20th of the same month, and KRW 80 million on the 29th of the same month, in total, KRW 30 million on the 29th of the same month.

B. On September 201, 201, the Defendant sent the victim E a certificate of ratification of the foreign investment company in the People’s Republic of China to the victim’s Republic of China when the Defendant sent the victim E as of September 201, the Defendant held that the victim “the foreign investment company of the People’s Republic of China was established at the time of learning in China, and carried out its business in good faith. Of various items, cosmetics are good, and the other items are not the same, and the business of manufacturing and selling cosmetics is defective. It is necessary to send money for the cosmetics business.

different types.

“A false representation was made.”

However, in fact, the defendant was forged by the defendant as set forth in the following 2-A, and the defendant thought that he would use the money received from the injured party for other purposes, such as personal debt repayment, there was no intention or ability to use the cosmetic business even if he received the money from the injured party.

The Defendant, on September 20, 201, shall belong to the injured party.

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