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(영문) 서울서부지방법원 2019.02.13 2018고단3076
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 2015, the criminal defendant against the victim B introduced the defendant as "D" to the victim B at the Busan Southern-gu Busan metropolitan hotel 1st and coffee shop, and deceiving the victim B that "if he/she operates an entertainment drinking house in his/her own house and lends money to him/her, he/she will make an investment in the entertainment drinking house and make a monthly payment and redeem it in full after one year."

However, the facts are that the Defendant had already been investigated into a fraudulent case due to a failure to pay the individual liability of KRW 11 million, and even if the Defendant borrowed money from the victim due to no particular property or income, such as failure to pay a fine, etc., he did not have the intent or ability to pay the monthly income from making an investment in entertainment tavern and to repay the full amount after one year.

Therefore, the defendant's E-Union account (F) was transferred from the victim to June 15, 2015, and the total amount of KRW 54 million was acquired from the victim, and KRW 34 million on June 19 of the same month.

2. Fraud against victim G;

A. On February 2, 2016, the Defendant deceivingd the victim G that “The rate of return is high in making shares by making a team at the cream store near the rolling stock station located in Gangnam-gu Seoul, Gangnam-gu, Seoul. When receiving funds, 30% of the profits will be given to the team and the remaining profits will go to the team.”

However, the Defendant did not have the intent or ability to pay 30% of the profits by investing in shares even if he did not have any personal debt and there is no particular property or income from the victim.

Therefore, it acquired 50 million won from the victim to the defendant's post account (H) around February 16, 2016.

B. On February 23, 2016, the Defendant deceptioned the victim that “a family member and a subsequent worship must be repaid if he/she borrowed KRW 5 million as he/she had to leave his/her family and a subsequent worship at an influent place.”

However, even if a person borrows money from the victim, he/she is willing to repay it in time.

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