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Reasons
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(영문) 인천지방법원 부천지원 2012.10.25 2012고단1421
사기
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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Fraud of the victim C;

A. On March 201, 201, the Defendant, at a golf course in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, stating that “The Defendant would make cash KRW 90 million by selling calciumium until December 20, 201, to purchase calcium domestic calcium,” and received from the victim each remittance of KRW 35 million on the 24th of the same month, and KRW 25 million on the 31st of the same month.

However, even if the defendant receives the above money from the victim, he did not intend to purchase the Pium calcium with the money and to leave the profit therefrom.

Nevertheless, the Defendant was issued KRW 60 million to the victim by deceiving the victim as above.

B. On March 16, 2012, the Defendant: (a) called “on a telephone call to the victim C to lend money; and (b) received KRW 3 million from the victim on the same day.”

However, the defendant above at the time.

As stated in the above, the victim was unable to pay the remittance from the victim, was unable to pay 73,200,000 won invested from E, and the management status of the F (State) operated by the Defendant has deteriorated. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.

Nevertheless, the Defendant was issued KRW 3 million by deceiving the victim as above.

2. Fraud in victim E;

A. On August 201, 201, the Defendant: “Around December 2011, the Defendant operates an agency for chemical drugs called “in-house F” with phone calls to the Victim E; “If the Defendant invests KRW 30 million in cash with the funds for purchasing Pium calcium, it would create KRW 40 million until December 20, 2012; and on September 201, 2011, the Defendant called “in-house 20 million with an additional investment of KRW 20 million” call again to the Victim during the phone calls to the Victim and then create KRW 70 million with the amount invested before December 20, 201.” On November 25, 2011, the Defendant called the Victim’s phone again to the Victim.

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