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(영문) 서울중앙지방법원 2018.07.02 2017고단1743 (2)
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2017 Highest 1743] Defendant A is a person who operates a “B agricultural partnership” for the purpose of cultivating and selling B B B B B B.

1. On October 3, 2015, the Defendant involved in B B B, at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government building D, concluded that “In managing the domestic farming association corporation, and selling B, 40,500,000 won as investment, and 20,000 won as investment funds for purchase of B,” a false statement to the effect that “The amount of investment will be repaid in installments, including interest, and the amount of loan will be repaid including 60,50,000 won in total, by January 30, 2016.”

However, the Defendant was thought to use the above money for the Defendant’s repayment of the Defendant’s existing debt, or for the payment of travel allowances to the sales clerks. At the time, the Defendant was planned to supply Blus Slus to Gangwon-do F but did not have become final and conclusive, and there was no intent or ability to pay the principal and interest promised to the victim.

As above, the Defendant, as described in paragraph (1) (1) of the List of Crimes Nos. 1, 2015, 60,500,000 won as of October 5, 2015, by deceiving the victim and deceiving the victim, was transferred to G bank accounts in the name of B.

2. On June 3, 2016, the Defendant’s fraud related to H investment made a false statement to the effect that “The Defendant is a company that pays a large amount of profits by receiving a public auction from the Defendant’s office located in the Seocho-gu Seoul Metropolitan Government C building I to the victim E. It is a company that pays a large amount of profits by obtaining a public auction. When making an investment, 120% total of principal and interest shall be paid every eight times, and gift certificates shall be paid as security, and that money shall be invested in H when remitting money to B.”

However, the defendant has received money from the damaged person H in the name of the damaged person.

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