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(영문) 대전지방법원 2016.01.08 2015고단2571
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 11, 2013, the Defendant against the victim C told the victim of the victim C’s business office located in the Chinese Cheongdo that “Around October 11, 2013, the Defendant made a false statement to the victim that “I will give 15% of the equity interest at home, while I will give 10% of the dividend dividend every month from April 30, 2014 by investing operating funds.”

However, the facts are that the Defendant did not operate the gambling site, and that it was said that the victim told the victim as above in order to raise funds to repay personal debts, so even if he received an investment from the victim, he did not have an intention or ability to pay the profit dividends on the agreed date.

As such, the Defendant, by deceiving the victim, received a 100,000 won bill (an amount equivalent to approximately 18,000,000 won in Korean currency) from the victim as investment money from the victim, i.e., he/she received the payment of approximately KRW 5,435,00 from the victim in total six times from that time to April 18, 2014, by deceiving the victim as stated in the list of crimes in the attached Table of crimes, and obtained a delivery of approximately 5,435,00 won in total from the victim as investment

2. On December 4, 2014, the Defendant: (a) purchased a fright passenger car from a used car trading company located in Daejeon Sung-gu Daejeon Sung-gu, Daejeon; (b) one of the victims borrowed KRW 7 million to the Capital Co., Ltd., “I will pay KRW 250,960 per month by adding the principal and interest to the principal and interest of the fright passenger car, thereby repaying the loan amounting to KRW 7 million.”

However, in the absence of a certain occupation at that time, the suspect had no intention or ability to pay the purchase fund for 36 months even if he/she received a loan from the injured party, since he/she thought that he/she sold it to another person immediately after the purchase of the above-learning passenger car.

The defendant deceivings the victim as such.

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