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(영문) 서울중앙지방법원 2019.07.18 2018고정2835
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has worked as the head of the KCAB to sell Bolising beverage products.

1. On December 19, 2014, the defrauded around December 19, 2014, the Defendant made a false statement to the effect that “Around December 19, 2014, the Defendant shall be paid KRW 3 million in principal and interest within a week if he/she loans KRW 10 million to the victim D in a multi-stage sales business, which is located in Gwanak-gu, Seoul Special Metropolitan City.” The Defendant made a false statement to the effect that: (a) the Defendant shall be paid KRW 10 million in the amount of principal and interest within a week if he/she pays KRW 10 million in the amount; and (b) the Defendant shall be paid with the company’s allowances to the extent that he/she is able to pay the principal and interest within a week.”

However, even if the Defendant paid the investment in the above B, it is unclear whether the principal and the profits can be refunded within a week, so even if the Defendant borrowed the money from the victim, he/she did not have the intent or ability to pay the money within a week.

Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 10 million from the victim to the B’s account in the same day, and acquired it by deception.

2. On January 5, 2015, around January 5, 2015, the Defendant made a false statement to the effect that, at the “B office in the Dispute Resolution Co., Ltd.” as stated in paragraph (1), the Defendant would pay KRW 10 million to the victim D more than KRW 3 million. If only KRW 3 million is loaned, the Defendant would pay the company money and receive profits from the company, and he would also repay the loan even before the loan. In addition, the amount to be paid at the house falls short of KRW 2 million, and the amount to be paid at the house is short of KRW 2,50,000,000 after the date of settlement.”

However, as stated in Paragraph 1, the defendant did not have any intention or ability to repay the debt within one week even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above and deceiving the victim on the same day, obtained 3 million won from the victim via the head of the branch office E, and acquired 2 million won in total by deceiving 5 million won.

Summary of Evidence

1. The witness D.

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