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(영문) 대전지방법원 2020.01.31 2018고단4441
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daejeon District Court, etc., and on May 5, 2017, the said judgment became final and conclusive on May 5, 2017. On August 10, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business at the Seoul Central District Court, and the said judgment became final and conclusive on August 18, 2017

[2018 Highest 4441]

1. On June 2016, the criminal defendant against the victim B concluded that “D” car page located in Pyeongtaek-si C, “if there is any bus advertising goods of the E company, it may be money if invested. 1% per month, the profits of 1% per month may be guaranteed, and the principal may be guaranteed at 40% of the government subsidy granted at the time of bus scrapping, and the fund reserve operated by the domestic government.”

However, even if the defendant receives investment money from the victim, he did not have the intention or ability to pay profits or guarantee principal by investing in bus advertising goods.

On July 6, 2016, the Defendant received 5,500,000 won from the victim to the G bank account in the name of the Defendant for the purpose of investment, and acquired it by fraud.

2. On September 4, 2016, the Defendant made a false statement with regard to the victim H, “D” page located in Pyeongtaek-si C, and the victim H, introduced from the said B, stating, “If there is any bus advertising product of the E company, it may be said that money would be paid. 1% per month’s profits may be guaranteed, 60% of the government subsidies from the bus scraping, 40% of the government subsidies from the bus scraping, and 40% of the fund reserves operated by the domestic government.”

However, even if the defendant receives investment money from the victim, he did not have the intention or ability to pay profits or guarantee principal by investing in bus advertising goods.

On September 6, 2016, and September 7, 2016, the Defendant received a total of KRW 12 million from the G bank account in the name of the Defendant to the G bank account in the name of the Defendant and acquired it by fraud.

3. The criminal defendant against the victim I on September 1, 2016.

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