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(영문) 인천지방법원 2020.09.10 2020고단5738
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 2018, the Defendant against the victim B made a false statement to the victim B located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The Defendant attempted to create an online shopping mall and a program for searching knowledge that enables the sales of mobilephones. B, while giving investment money to B and then divide profits from such business.”

However, even if the defendant received money from the victim with a debt of several million won without any particular property at the time, he only thought that he would use it as a personal debt or cost of living, and did not have an intention or ability to conduct business normally.

Nevertheless, the Defendant deceptioned the victim as above, and then received KRW 1 million from the victim to the post office account under the name of the Defendant on August 20, 2018. On November 29, 2018, the Defendant acquired KRW 2 million from the Defendant’s bank account in total by receiving KRW 3 million from the Defendant’s company bank account in the name of the Defendant.

2. Around December 7, 2018, the Defendant against the victim E made a false statement to the victim’s G office operated by the victim E located in Cheongyang-gun, Chungcheongnam-gu, Cheongyang-gun on the following grounds: “Around December 7, 2018, the Defendant made a false statement to the victim that he/she had become aware of the introduction of the said B, stating that “The victim would create the G shopping mall website,

However, in fact, even if the defendant received money from the victim without any specific property at the time, he did not think that he would use the money for the repayment of his personal debt or cost of living, but did not intend or have ability to create the shopping mall website for the victim or to damage online marketing.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 11 million from the victim to the corporate bank account under the name of the Defendant. On January 9, 2019, the Defendant received KRW 10 million from the same account and received KRW 21 million in total from the same account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and B, written estimate, shopping mall.

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