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(영문) 인천지방법원 2019.08.13 2019고단1029
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 2015, the Defendant came to know of the victim B and the victim C, a Korean employee of the Republic of Korea, while running to a hotel in the Philippines, and became a new relationship through SNS D around 2018.

1. On September 1, 2018, the criminal defendant against the victim B made a false statement to the effect that “if an investment is made in an unlisted company, he/she may pay money to the victim.” However, the criminal defendant made a false statement to the effect that “if an investment is made in an unlisted company’s subscription shares, he/she shall guarantee the principal, and if an investment is made in an unlisted company’s subscription shares, he/she shall dispose of

However, in fact, even if receiving the above money, it was thought that it was used for gambling, so there was no intention or ability to pay the principal and proceeds of the investment to the victim.

Therefore, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the E BankF account on the same day.

2. On July 16, 2018, the criminal defendant against the victim C made a false statement to the effect that “if an investment is made in an unlisted company, he/she may pay money to the victim. If an investment is made in the subscription shares of an unlisted company in trust and trust, he/she will pay the principal and profits by disposing of the shares after the principal is guaranteed and the subscription is added.”

However, in fact, even if receiving the above money, it was thought that it was used for gambling, so there was no intention or ability to pay the principal and proceeds of the investment to the victim.

Therefore, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim, to the H Bank I account in the name of H Bank Co., Ltd. on the same day, KRW 4 million, and KRW 2 million, and KRW 200,000,000 from the K Bank L account in the name of J Co., Ltd. on July 17, 2018, around August 1, 2018, around the second day of the same month, and around the third day of the same month, respectively, from the N BankO account in the name of M, KRW 4 million, KRW 4 million, and KRW 2 million, and KRW 3 million on September 4, 2018, respectively.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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