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(영문) 인천지방법원 2014.11.28 2014고단7553
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. The Defendant committed the crime of February 8, 2011, at a D cafeteria located in Seo-gu Incheon, Seo-gu, Incheon around February 8, 2011, told the victim B to the effect that “I will pay a lot of interest if I will make an investment in operating a furniture. I will pay a profit if I will make an investment.”

However, because the mother of the defendant did not actually operate the household factory, the defendant did not have any intention to guarantee the principal or to pay interest even if he received money from the victim with investment funds.

The Defendant received KRW 9 million on the same day as investment money from the victim, KRW 7 million on March 15, 201, and KRW 10 million on April 21, 201, respectively, from the Defendant’s agricultural bank account.

Accordingly, the defendant was given property from the victim by deceiving the victim.

B. Around January 26, 2012, the Defendant, at the above D cafeteria, told the said victim to the effect that the Defendant “on January 26, 2012, the Defendant sold the scrap machine and sold the scrap machine to the said victim.”

However, in fact, the Defendant notified the Defendant of the price by which the goods can be supplied by paying the price more than the actual amount to be used. Since the money remitted from the victim was intended to be used for the cost of living, the Defendant did not have the intent and ability to pay or promise the profit even if he borrowed the money from the victim.

The Defendant received totaling KRW 9,573,00 from the victim on January 26, 2012, 200,000 from the said agricultural bank account as the price for breeding and received KRW 26 million from the victim on June 29, 2012, including the transfer of KRW 14,00,000 from the said agricultural bank account by June 29, 2012.

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. On September 8, 2012, the Defendant needs to purchase funds in order to purchase the equipment to the victim E at an unsound place.

10 million won.

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