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(영문) 서울중앙지방법원 2018.10.18 2018고단6039
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around May 18, 2015, the Defendant of the 2018 Highest 6039 [2018 Highest 6039] imports the victim AE of the Gwanak-gu Seoul Special Metropolitan City CL Building from the victim AE to East Asia, such as Indonesia and Malaysia, and makes an investment in money.

If an investment of KRW 20 million is made to be used as business funds, KRW 30 million will be paid after 25 days.

“The Government required to make an investment in money.”

However, the Defendant did not actually proceed with a coffee self-market business, and the Defendant received money from another person or received money from the other person as the name of investment, and paid the previous investors the proceeds so-called “return prevention”. Thus, even if the Defendant received money from the victimized person, there was no intention or ability to pay KRW 30 million within the agreed date.

Nevertheless, on May 18, 2015, the Defendant, by deceiving the victim and deceiving the victim, received KRW 9 million from the K account (AT) operated by the Defendant to the K account (AT) in the name of the Defendant, and received KRW 19 million from the same account around May 19, 2015, and acquired it by receiving KRW 19 million in total.

On May 2012, the Defendant stated to the effect that “The Defendant would pay the victim CO a basic salary of KRW 1,500,000 per month when he/she sells daily necessities,” and that “It is not easy to understand the collection of principal as he/she is expected to yield a large amount of future profits.”

However, at the time, the above CN operated by the defendant had no asset or sales performance and received investments from the injured party, but had no intention or ability to return the principal, and the above CN had intended to use the said investments as office operating expenses.

Nevertheless, the defendant deceivings the victim as above and is under his control.

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