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(영문) 수원지방법원 성남지원 2016.12.15 2016고단1773
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On July 16, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Suwon District Court for fraud, and the judgment became final and conclusive on July 24, 2015.

【Criminal Facts】

1. On November 26, 2010, the Defendant acquired money in the name of the investment fund of the Seocho-dong Office Officetel, the Defendant made a false statement to the victim E to the effect that “If he/she makes an investment in an officetel in the business of constructing and selling an officetel in the Seocho-dong Office, the father of the family company would make an investment to the victim E in the business of constructing and selling the officetel in the Seocho-dong Office Office, 104 and 201, the Defendant would make an investment to the victim E. 1 year from six months. The Defendant made a false statement to the effect that he/she would have made an investment by other persons.”

However, even if the defendant received money from the victim, the defendant did not have any idea to invest in the officetel, and there was no intention or ability to return the principal to the victim twice because he planned to use it in repayment of the defendant's obligation.

As such, the Defendant, as indicated in the attached Table of Crimes (1), by deceiving the victim, received KRW 13 million from the victim as investment money on November 26, 2010, and acquired the total amount of KRW 58 million on four occasions, as stated in the attached Table of Crimes (1).

2. On September 22, 201, the Defendant acquired money in the name of the investment fund of Gangnam Htel, Gangnam-gu Htel, the Defendant made a false statement to the effect that “G husband would impose money on the instant victim to conduct an officetel business.” On the other hand, the Defendant would have provided a good opportunity for the said victim to transfer to another person unless he/she has secured several Htels. If he/she did so, he/she would have collected a lot of money by investing both J, Dongi K, Li-gu L. The principal would be repaid twice.”

However, even if the defendant received money from the victim, he did not think that he would invest in the officetel, and he did not pay his debt.

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