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(영문) 서울중앙지방법원 2014.05.15 2013고단1856
사기
Text

A defendant shall be punished by imprisonment for six months.

Two days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Punishment of the crime

1. Around March 17, 2008, the Defendant against B expressed to the effect that the Defendant would make an investment of KRW 50 million to the victim B in Dda located in Gangdong-gu Seoul Metropolitan Government with the trade name “(ju) E”, and that the Defendant would make a return of the principal until August 20, 2008, and distribute to the victim the profit equivalent to the share of 25% of the said total number of sales.”

However, in fact, the defendant did not have the total sales right at the time, and rather did not have the intent or ability to return the principal to the victim or to pay the profit because he did not have the right of sales on the part of the victim to use the money for operating expenses of the defendant's office.

As such, the Defendant, by deceiving the victim, wired the victim with a new bank account (Account Number: G) in the name of F, a parent of the Defendant, from the victim, KRW 3 million on March 17, 2008, KRW 7 million on March 25, 2008, KRW 11 million on April 11, 2008, and acquired KRW 9 million on April 2008, KRW 39 million on May 21, 2008, KRW 50 million in total by obtaining KRW 39 million on May 21, 2008.

2. The Defendant of the crime of fraud against the victim H was said to the effect that, on March 14, 2009, the “Jjuk point for the operation of the victim H, which was located in the GJ branch of the victim I, would deliver a total of 40 vehicles to the victim by April 14, 2009, when purchasing 22.50,000 won per unit.”

However, at the time, the defendant received money from the victim for the purpose of paying personal debts, etc., and there was no intention or ability to deliver the above game machine to the victim.

As such, the Defendant, by deceiving the victim, received from the said new bank account from the victim, the sum of KRW 10 million on March 24, 2009, and KRW 25 million on March 26, 2009, and KRW 25 million on March 26, 2009, and acquired it as contract deposit.

3. The victim;

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