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(영문) 대구지방법원 김천지원 2018.05.01 2018고단8

A defendant shall be punished by imprisonment for not more than ten months.


Punishment of the crime

1. In May 2015, the Defendant paid 30% of the principal and profits to the victim, who was aware of his knowledge in the D Beauty Room operated by the victim C in Gumi-si, Young-si, 2015, when making an investment to B, the Defendant made an investment.

Also, there is a fund with the maturity of April 2016, and 3% of the principal is losses.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not intend to operate the fund, and did not subscribe to the fund with the maturity of April 2016, and was thought to use the money received from the injured party as an individual in the circumstance of personal rehabilitation because he did not have any particular property at the time and did not repay his debt. Therefore, there was no intent or ability to pay the principal and profit even if he received money from the injured party.

Nevertheless, the Defendant, as seen above, got the victim into an account under the name of the Defendant and acquired the victim by deceiving him/her from the victim on June 3, 2015, KRW 30 million, and KRW 20 million on June 23, 2015.

2. The Defendant, at the early August 2015 Police Officer, lent the victim the money to be additionally invested in the fund he/she joined, which is KRW 20,000,000,000,000,000. The Defendant would be repaid upon the arrival of the maturity of the fund around April 2016.

“A false statement was made to the effect that it was “.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the damaged person, such as the statement in paragraph 1.

Nevertheless, on August 6, 2015, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million to the account in the name of the Defendant on August 6, 2015; and (c) obtained the delivery of KRW 10 million in cash on the same day; and (d) acquired it by deceiving the victim.

3. In September 2015, the Defendant purchased 8 million won to the victim of the instant cosmetic, “I wish to import and sell musical instruments in China.”