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(영문) 서울남부지방법원 2017.06.21 2016고단5698
사기
Text

A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On January 4, 2012, the Defendant: (a) resided in the coffee shop in Guro-gu Seoul Metropolitan Government D Apartment, and came to know of, the Defendant secured both distribution networks, such as Maart and electronic Ireland, to the victim C who tried to purchase and sell spackers from red bean.

However, the reason behind the loan of KRW 40,000,000 for the import price of Skackers was that the loan will be repaid in full until June 30, 2012 with 1% interest per share.

However, on the other hand, the Defendant did not have any particular income or property while having been undertaking to sell the spackers imported from red bean through Et, Et, Electronic Ireland, etc., so even if he borrowed money from the injured party, the Defendant did not have any capacity or intent to make a timely repayment.

Nevertheless, the Defendant, as seen above, received the remittance of KRW 40 million from the new bank account (G Account Number) in the name of F corporation in which the Defendant’s wife E is registered as the representative director on the same day from the victim who was in a false statement to the victim.

2. On May 9, 2012, the Defendant stated that “The Defendant, at the Guro-gu Seoul Metropolitan Government D apartment playground,” “The investor may return the AP to return the AP money, and if so, he/she may repay the money as a promise without any problem. In addition, the Defendant borrowed KRW 50 million from June 30, 2012 to KRW 40 million from June 30, 2012. He/she may repay the money in a lump sum, and even if he/she receives the deposit for the apartment house in his/her father’s name, he/she may ask for a loan of money.”

However, the Defendant did not recover the investment amount from investors, while there was no particular revenue or property, while the Defendant did not promise to sell the spackers imported from the Red bean through Et, Et, Electronic Ireland, etc.

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