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(영문) 서울동부지방법원 2016.05.26 2016고단224
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 14, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court on August 14, 2015, and the said judgment became final and conclusive on December 31 of the same year.

1. The Defendant, who acquired money in the name of machinery production cost for the street store business, will give profits to the victim C at the mutual infinite coffee shop located in Gangnam-gu Seoul Samsungdong around the beginning of May 2014.

7.50,000 won is required for the manufacture of Amcream and plant necessary for the project.

“The phrase “ was false.”

However, even if the defendant received money from the injured party as the cost of manufacturing machinery for the street store business, he did not have the intention or ability to pay the money, and even if he received the money from the injured party, he thought to use it for personal use such as living expenses.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 7,50,000 to the account in the name of D for the purpose of mechanical manufacturing costs around May 8, 2014 from the victim, and received KRW 1,082,40,00 in total from the same account under the same name as around September of the same month.

2. Fraudation of money in the name of the fund for the Vietnam New Import Project;

A. From the end of May 2014, the Defendant: (a) at the mutual infinite coffee shop located in Gangnam-gu Seoul Samsungdong, the Defendant loaned money to the victim to use the money as local activity expenses for the employees in Vietnam at the present site; (b) around May 2014, the Defendant attempted to return KRW 7,500,000 to the police officer in the middle of May 2014.

At this time, a false statement was made to the effect that if new funds enter, return money will be paid together with KRW 7.5 million.

However, the defendant did not have the intention or ability to proceed with the new import business even if he received the investment money from the damaged person as the fund for the new import business.

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