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(영문) 서울북부지방법원 2017.01.19 2016고단259
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 10, 2015, Defendant 259 told the victim E to the effect that “If the online sales site is opened and sold by purchasing male and female clothes and shoes, the margin is 100%, and the monthly profit is 150 million won from KRW 100,000 to KRW 150,000,000.”

However, in fact, the Defendant, as a person with bad credit standing, has been liable for debt amounting to KRW 80 million without any particular property. Since around March 2015, the obligor had been urged to pay from creditors from around March 2015, it was thought that the Defendant would use the money for the repayment of his/her debt with the name of the obligor’s investment, and there was no intention or ability to pay the above profits to the victim by opening and operating the Internet sales site.

As above, the Defendant: (a) by deceiving the victim as above; (b) received money from the victim to the F’s new bank account with the Defendant’s use for investment on April 10, 2015; (c) and (d) received money totaling KRW 12,575 million from May 22, 2015 as stated in the separate crime list from the date to May 22, 2015.

2. On February 15, 2016, Defendant 2016 high group 3154, Defendant Had the victim H at a multi-party shop located in Seoul on February 15, 2016.

A false statement was made to the effect that the price of the goods would be KRW 9.6 million per week, including the cost of the goods on the face of the week, and KRW 12.5 million per week.

However, the Defendant, as a person of bad credit standing, had a debt of KRW 80 million without any particular property. Since around March 2015, the Defendant had been urged from creditors to repay his/her debt, there was no intention or ability to pay the profit to the victim even if he/she received money from the injured party for the purpose of investment.

Nevertheless, the defendant deceivings the victim, and is the same day as the victim.

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