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(영문) 대구지방법원 2013.05.02 2012고단5668
사기등
Text

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

However, 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

[Criminal Power] On December 24, 2010, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on January 11, 201.

【Criminal Facts】

On April 2010, the Defendant stated that “If the Defendant made an investment of KRW 25 million in the F franchise business, he/she will pay KRW 180,000 to the victim E each day the profits from the investment in the Agricultural Partnership D Office of the Defendant’s operation in Daegu-gu, Daegu-gu, Seoul-gu, the Defendant would pay KRW 25,000,000 per day.”

However, at the time of fact, the Defendant, as a bad credit holder, was unable to pay approximately KRW 500 million in total of unpaid and unpaid debts, and the Defendant did not provide funds to take over F and paid the money received from the victim to other investors in the form of a “frighting”, so there was no intention or ability to pay the principal and profits to the victim by operating F.

On April 5, 2010, the Defendant: (a) by deceiving the victim; (b) obtained a new card (G) in the name of the victim from the victim; and (c) settled 2.5 million won with the Defendant’s corporate card settlement machine and acquired the Defendant’s pecuniary profits equivalent to the same amount; and (d) obtained a total of KRW 27,950,000,000 from June 27, 2010, as indicated in the separate crime list (1) by settling 21 times by the credit card of the victim.

"2012 Highest 8614"

1. The defrauded was a de facto bad credit holder who was unable to pay 50 million won in total the unpaid tax and debt, and the situation where the victims received money from the victims in the absence of funds to take over the minging company was the case where the victims paid the money in the form of a "refluence", and thus, there was no intent or ability to pay the principal and profit to the victims even if the money was received from the victims for the purpose of investment.

Nevertheless, the defendant.

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