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(영문) 서울중앙지방법원 2013.06.25 2012고단3581
사기
Text

A defendant shall be punished by imprisonment for six years.

The defendant is the applicant for compensation of KRW 30,000,000, and the applicant for compensation.

Reasons

Punishment of the crime

The Defendant was the representative director of G Co., Ltd. (hereinafter referred to as “G”) established for the frenchising business service, etc. on the 6th floor of the Gangnam-gu Seoul Metropolitan Government F building.

[2012 Highest 3581] The Defendant stated that “A victim H will offer ice juice store as security at the above G office on January 6, 2011,” “I will provide 4% interest per month if I lend money.”

However, at the time of fact, the Defendant had no particular property and had a debt equivalent to KRW 200 million, and there was no particular income from G as well as the sales performance, and thus there was no intention or ability to repay the principal and interest even if he received money from the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim H, received KRW 100 million from the victim to the single bank account in the name of G, and acquired it by defrauding it, and from May 4, 2010 to March 6, 2012, the Defendant received KRW 2.750 million in total from 27 victims, such as H, in the attached list of crimes (the “5%” of the crime method column No. 20, as “4%”), such as the list of crimes (the “5%” of the crime method No. 20, as “4%”).

[2012 Highest 3973] On December 24, 2011, the Defendant stated that “When entering into a joint start-up contract with G located in the country, the Defendant would open and sell a Gene juice store in the J Hospital and bring profits therefrom.”

However, at the time of fact, the Defendant did not have any intention or ability to open juice burials to the victim, even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, to the one bank account in the name of K from the victim to the one bank account in the name of K on December 24, 201, and the remainder of the amount of KRW 16 million as contract deposit around December 30, 201, KRW 84 million as part payments around December 30, 201, and around February 1, 2012.

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