(영문) 인천지방법원 2013.04.25 2013고단477

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(영문) 인천지방법원 2013.04.25 2013고단477

사기등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013Kadan477] The defendant is a person who has operated a leather manufacturing enterprise under the trade name of "E located in Dongducheon-si from September 2010 to May 23, 2012."

1. On July 6, 2011, the Defendant revealed the business plan to the effect that “The Defendant would purchase and process raw materials and receive profits from the investment of raw materials from the victim’s trading company’s H office that became a technician at the victim’s H office, Jung-gu Seoul Special Metropolitan Government 2nd Group’s 2nd floor F of the G Building, while working as a technician at the victim’s trading company’s H office.” The Defendant made a false statement to the effect that “The purchase price of raw materials would be KRW 350 million, and the purchase price of raw materials would be used as the company’s operating expenses and the purchase price of raw materials would be paid as the profits.”

However, in fact, since the Defendant’s debt was 6-70 million won at the time of commencement of the business and there was no profit accrued since the commencement of the business, and there was an increase in the amount of loan, even if the victim received an investment under the name of the original purchase price, he merely intended to use part of the amount as the payment for the company’s operating expenses or the loan, and did not have the intent or ability to use the entire amount as the original purchase fund.

As above, the Defendant, by deceiving the victim, wired the victim of KRW 20 million on the same day, and KRW 150 million on July 18, 201 to the corporate bank account (number I) under the name of the Defendant, and acquired the total amount of KRW 350 million in the name of the original purchase price.

2. On April 8, 2012, the Defendant made a false statement with the purport that “The Defendant would directly purchase and process scams from the slaughter room in the instant E office to directly purchase scams to the victim. If scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscam

However, at the time, the obligation of the defendant was 1.2 billion won, and there was no profit since the commencement of the business.

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