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(영문) 수원지방법원 2016.04.11 2016고단703
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On June 14, 201, the Defendant made a false statement to the effect that, “A victim E, who was aware of the near coastal area D (Seoul) located in Suwon-si Suwon-si C, would engage in a heavy trading business in Daegu-gu, and would pay interest on twice a month upon investing money.” The Defendant made a false statement to the effect that all three children sent to the university by making an investment in money.

However, the facts were that F, the Defendant’s wife, did not operate a secondhand trading business, and even if the Defendant received money from the injured party, he was willing to use it to open his gold-type factory, and otherwise, even if the Defendant did not have any property of the Defendant and received money from the injured party, he did not have any intention or ability to pay it properly.

Nevertheless, the Defendant: (a) received each transfer of KRW 37.6 million around June 14, 201, and KRW 18.8 million around July 13, 201 from the F to the F’s account under the name of F as investment in F; and (b) received a return of KRW 56.4 million in total from the F.

2. On October 7, 201, the Defendant made a false statement to the effect that “The Defendant would have part technology entering Handphones in the Young-gu Tong, Young-gu, Young-gu, Suwon-si, and would pay interest on two parts per month to the Defendant and pay principal to the Defendant for the gold-type factory if the Defendant invested 100 million won in the money.” The Defendant would be well aware of the business and would not know about whether it would be well.”

However, in fact, the Defendant’s technology was merely a gold-type technology, and the Defendant had already been in default while operating a gold-type factory, and the Defendant has been secured to work to make profits and losses, but it was difficult to expect profits even if a gold-type factory begins due to the lack of business investment funds other than the money received from the injured party, and there was no other assets.

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