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(영문) 수원지방법원 안산지원 2017.08.24 2017고단468
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 November 16, 2015, the defrauded of investment funds, the Defendant, at the “D” restaurant operated by the victim C in Silung-si B on November 16, 2015, intends to start the operation of a private business entity in which the victim manufactures and sells parts of the parts in Silung-si, and the victim would pay 50% of the monthly profit if he/she invests the funds necessary for the purchase of the printed machine in which the author’s scular board and the scular scam are manufactured.

Proceeds are 2 million won per month, and the profits of at least one million won per month will be guaranteed.

The phrase “ makes a false statement.”

However, in the process of opening a personal business entity’s “E”, the Defendant had already been in a serious state of 30 million won of basic fund, and had been supplied with raw materials necessary for the intended parts on credit. Of the amount received from the injured, the Defendant was thought to use the remainder for the purchase of gold-type machines with a total of KRW 10 million out of the amount received from the injured, and was thought to be used for the repayment of other obligations. In short, the Defendant did not have any intent or ability to pay the profit even if having received an investment from the injured party because it was in an influent situation where it was economically difficult to implement the business without a specific business plan.

The Defendant, as above, was issued one copy of the KRW 20 million check (F) from the victim by deceiving the victim and deceiving the victim, i.e., the victim, for the purpose of making an investment.

2. On December 13, 2015, the defrauded shall pay interest of KRW 200,000 as of the 20th of each month to the victim on the 20th day of the month when the funds have been leased to the victim as the gold-type machines necessary for self-production have been more good, and the principal shall be repaid after about one year.

The phrase “ makes a false statement.”

However, in the course of opening the “E” of an individual entrepreneur, the Defendant had already been in a serious state of 30 million won of basic funds, and had been supplied raw materials necessary for the suspected parts on credit. The Defendant paid the money received from the victimized person on other debts and living expenses.

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