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(영문) 수원지방법원 2014.11.26 2014고단2282
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who engages in the trade business of exporting cosmetics and kitchen supplies in South Asia, and the victim became aware of the fact that the victim C frequently uses a taxi operated by the victim C.

1. Around October 2009, the Defendant stated that “The Defendant will return the investment money once every three months, on the ground that it has to make payments to the victim once every three months for the development of the mine in Thailand,” at E Convenience points located in Suwon-si, Suwon-si, Suwon-si, 2009, the Defendant stated that “I will return the investment money once every three months.”

However, due to the fact that the defendant was not operating a mine development project and the situation of re-sufficiency at the time, there was no intention or ability to return the investment money to the victim.

Nevertheless, the defendant was accused of such deception and received 12.8 million won from the victim.

2. From November 2009 to July 201, 2010, the Defendant committed the crime: (a) around the E Convenience shop located in Suwon-si, Suwon-si; (b) around November 10, 2009, the Defendant stated to the effect that “In front of the E Convenience shop located in Suwon-si, the Defendant would prevent the Defendant from entering into a coffee exclusive contract; (c) if there is money to transfer KRW 100 million, the Defendant borrowed KRW 10 million in the form of investment. Since there remain a large amount of profits, the lending money would be repaid.”

However, in fact, the defendant did not proceed with the coffee specialty contract and did not have the intent or ability to repay the borrowed money to the victim because the defendant did not have the ability to repay the borrowed money to the victim at the time of the lack of re-payment.

Nevertheless, the Defendant, by deceiving the victim, was issued KRW 10 million around that time by the victim.

On January 28, 2010, the Defendant made a false statement to the effect that “The Defendant borrowed money from the part of the coffee monopoly contract” to the victim, and received KRW 20 million from the victim around that time, and on July 2010, the Defendant paid money to the victim for the balance of the coffee monopoly contract.

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