(영문) 대구지방법원 2019.05.14 2018고단5478

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(영문) 대구지방법원 2019.05.14 2018고단5478

사기

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

Reasons

Punishment of the crime

"2018 Highest 5478"

1. On February 28, 2017, the Defendant made a false statement to the victim via the Defendant’s Dong-E, stating, “The Defendant will immediately return the principal to the Plaintiff if he/she would buy and resell a heavy vehicle and would return the vehicle to the Plaintiff if he/she would retire.”

However, in fact, the defendant received investments from other persons at the time and re-investment in funeral business, but failed to recover funds from the investment sources, and even if he received investments from the victim, he purchased the vehicle with the money and subsequently did not have the intent to return the principal and the profits to the victim.

The Defendant, by deceiving the victim as such, was remitted from the victim to the F deposit account in the name of the Defendant for the same day under the name of the victim.

2. Around May 18, 2017, the Defendant entered into a false statement that “Around May 18, 2017, the Defendant purchased three imported vehicles at one time with the Defendant’s East E, and then makes profits from the resale thereof,” with the victim C through the Defendant’s East E, and that money is insufficient. If the Defendant borrowed KRW 20 million, he/she would return money to the Defendant as aground.”

However, the facts are that it is difficult for the Defendant to operate the business as described in paragraph (1) and even if the Defendant received KRW 20 million from the victim, he purchased the vehicle with the money, sold it, and thereafter there was no intention or ability to return KRW 20 million to the victim.

The Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 20 million to the deposit account in the name of the Defendant on the same day under the name of the victim.

3. On May 2017, the Defendant was operating with the victim C through the Defendant’s birth E at the above D office to a police officer on May 2017.

유사 판례

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