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(영문) 대전지방법원 천안지원 2019.05.22 2018고단1134
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A’s sole crime (2018 Highest 1134) was committed by Defendant A (hereinafter “Defendant”) on the part of Defendant A, a stock company located in Asan City C, as an alcoholic beverage business employee.

On December 20, 2016, the Defendant made a false statement to the victim E by posting a phone to the victim E, stating, “The price of alcoholic beverages is increasing. If a person purchases an official disease in cash in advance, the difference may be punished for the amount of money due to the difference. If an investment is made, 25% of the profits will be paid in advance.”

However, in fact, the defendant did not make a profit by investing the money received from the victim in the liquor-based public service business, and even if he received the investment money from the victim, he did not intend to use it as the cost of living and did not have the intention or ability to carry out the liquor-based

The Defendant, by deceiving the victim as such, received money from the victim to the post office account in the name of the Defendant’s spouse F for investment in the name of the Defendant’s spouse on December 22, 2016, KRW 3.5 million on or around December 26, 2016, KRW 5 million on or around December 26, 2016, and KRW 3.5 million on or around December 27, 2016, and acquired money by deception.

B. On November 2016, the Defendant made a false statement to the victim H, who operates a restaurant in the name of “G” in the name of “G” in the middle of Felman, that “in the event of sending money in advance, a tax invoice may be issued first, and necessary goods shall be delivered in the last order.”

However, the defendant did not have the intent or ability to issue a tax invoice even if he received money from the victim, and deliver liquor, food material, and beverage.

On November 24, 2016, the Defendant, by deceiving the victim, received 6.6 million won from the victim to the J bank account in the name of J bank account in which the Defendant was a liquor company, and 4.4 million won from the Defendant’s spouse’s post office account in the name of F, which was called food materials company around November 25, 2016, and from November 30, 2016, the Defendant acquired 6.6 million won from the Defendant’s L Bank account in the name of the mother K, which was called a beverage company.

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