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(영문) 서울동부지방법원 2016.04.21 2015고단4100
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2011, the Defendant committed the crime of around July 201, 201, at the construction site of a French-style house project located in Samsung-gun Samsung-gun, Chungcheongnam-do, which was operated as a joint business with C, and the victim B invested and operated in the Jeju-do Won-si Pream located in Gangwon-do, which was operated as a joint business with C, and it is possible to recover KRW 70,000,000 as the settlement of accounts is in the process

E The amount of KRW 25 million required for investment in the E Logistics Business will be repaid as if the D settlement of accounts enter, and the amount of KRW 500,000 per month will be paid as interest.

“A false statement” was made.

However, in fact, the Defendant did not have an amount of KRW 70,00 which can be recovered from the above C and did not have an intent or ability to repay the amount even if he did not borrow the said amount from the above victims due to the card payment, interest on loans from financial institutions, etc.

Ultimately, the Defendant, by deceiving the victim as above, was transferred 25 million won to the new bank account of F on August 3, 2011, under the pretext of borrowing from the damaged party.

2. On November 14, 201, the Defendant committed the crime from around November 10, 201 to around November 4, 2011, to the victim B by telephone from around the same month, “If an investment is made by one person, the profit of the business shall be increased, but the amount to be deducted from the investment shall be loaned to 45 million won. On the other hand, the Defendant deposited KRW 1 million per month into an account and repaid KRW 70 million by November 15, 201.

“A false statement” was made.

However, in fact, the Defendant did not have any profit accrued from the beginning of the business, and there was no intention or ability to repay the said profit even if he did not borrow the said money from the said victim due to no particular income or property, while the Defendant did not have any profit accrued from the said E-distribution business, such as card payment, interest on loans from financial institutions.

Ultimately, the defendant deceivings the victim as above and belongs to it.

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