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(영문) 수원지방법원 성남지원 2016.01.21 2015고단2185
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 2012, 2012, the Defendant invested money to the victim C at a restaurant where it is impossible to know the trade name in the Seoul Gwangjin-gu Seoul Special Metropolitan City Police Officer.

B. The phrase “to pay 30% profits a year by investing the money in the will.”

However, in fact, the defendant thought that he would use the money received from the injured party as personal debt repayment, etc., and did not intend to invest the money to the will. The defendant had no intention or ability to pay the agreed interest or principal even if he received the money from the injured party because he had been in excess of his debt without any special property or income.

The Defendant was transferred to a new bank account in the name of the Defendant, including KRW 10 million from the victim on July 20, 2012, KRW 20 million on August 10, 2012, KRW 10 million on August 31, 2012, KRW 10 million on August 31, 2012, and KRW 50 million on September 18, 2012.

2. On November 2012, 2012, the Defendant made a company “G” to the victim from “F control points” located near the E Station located in Gwangjin-gu Seoul Special Metropolitan City, Seoul.

The goods must be supplied to the university, and there is no money. When only the goods are entered, the money will be repaid immediately.

In order to pay interest on the money that has been lent in the past, the company's operation should be done well.

However, in fact, the defendant thought that he borrowed money from the victim to pay his personal debt, and did not think that he would use it for the price of goods. Since the defendant had been in excess of his debt without any special property or income at the time, he did not have the intent or ability to pay the agreed interest or principal even if he received the money from the victim.

On December 4, 2012, the Defendant received KRW 10 million from the damaged party to the new bank account in the name of the Defendant under the name of the Defendant.

In this respect, the defendant deceivings the victim two times, thereby property.

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