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(영문) 서울중앙지방법원 2019.01.09 2018고단5968
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, etc. and completed the execution of the sentence in the Southern Prison on February 9, 2015.

On April 17, 2015, the Defendant made a false statement to the victim D, stating that “On-the-job casino sites may be operated, and directly operate betting on the casino sites may be operated, and on-the-job casino sites may be operated, and the principal shall be returned after 45 days.” If an investment is made in this project, 30 to 40% of the principal monthly shall be paid as profits, and the principal shall be returned after 45 days.”

However, the facts are that the Defendant did not operate online casino sites; it is uncertain that he paid the profit by betting on the casino site; it was not clear that he actually paid the profit by paying the profit; he used the money received from the victim as a “lost” formula for paying the profit to other investors; even if he received the money from the victim, he did not have the intent or ability to return the principal by paying 30 to 40% per month the amount of the principal to the victim as the profit or by returning the principal

As above, the Defendant, by deceiving the victim as above, received KRW 56 million in total from the victim to the E bank account under the name of the victim (ju), on April 23, 2015; KRW 10 million on April 30, 2015; KRW 3 million on May 1, 2015; and KRW 3 million on May 2, 2015.

around April 28, 2015, the Defendant made a false statement to the effect that “In the C Office of the Defendant’s operation located in Gangnam-gu Seoul, Seoul, the victim F would return the amount of money back to G casino and online bamer game” to the victim F.

However, the Defendant was willing to use the money received from the victim for the purpose of returning the money to the senior investor, and the Defendant was unable to invest in G or online Baduk games, and thus, returned the money of investment.

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