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(영문) 서울서부지방법원 2016.10.28 2015고단2897 (1)
사기
Text

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

Reasons

Punishment of the crime

The Defendant, while operating a company C, was a person who promoted a horse race track business in Kazaktan, and the above Defendant D (hereinafter referred to as “D”) was a person who was in the position of C’s general manager of C’s corporation from the Defendant, and the Defendant and D were willing to receive money from the victim E, F, and G, who is the dong group of D, for investment in the above horse race track business.

In fact, D did not have invested KRW 50 million in the above horse race track business, and when Defendant and D received investments from victims, they planned to pay them as D’s ancillary studying expenses, Defendant’s living expenses, personal debt repayment, etc., rather than horse race track business, and even if they received investments from victims, they did not have the intent or ability to pay profits and the principal of investments to the victims or to provide broadcasting equipment, etc. related to horse race track business.

Nevertheless, the Defendant and D invested 50 million won in the horse race track business in advance, and they met each other, and around June 2009, the Defendant and D met the victim E in the H hotel located in Mapo-gu Seoul, Seoul, and D made a false statement to the effect that “The Defendant would have the right to supply broadcasting equipment and to maintain and repair the horse race track business if the Defendant and D already invested 50 million won in the horse race track business, and the Defendant made a false statement to the same effect as the victim E.

The Defendant and D, as such, had the victim E by deceiving the victim E, and had it received KRW 50 million from the victim E as investment money, around July 13, 2009, from the victim E, from that time to December 2010, from that time, the Defendant and D received KRW 96 million in total under the name of investment money, etc. from the victim E, F, and G by not later than nine times in total as shown in the list of crimes in the attached list of crimes.

In this respect.

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