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(영문) 서울중앙지방법원 2015.10.22 2015고단2832
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around November 27, 2013, the Defendant against the victim D made a false statement to the effect that “If a business is to import a reproduction site in Thailand, the Defendant would be punished by KRW 2 million per container.” On the end of December, 2013, the Defendant would enter the container 3 cost. 3 million won will leave the proceeds on the face of a week.”

However, the Defendant was unable to secure a copy map imported from Thailand, so even if the Defendant received KRW 3 million from the victim, the Defendant did not have the intent or ability to pay the profit by importing the copy paper.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving the victim through a bank account (Account Number F) in the name of E designated by the Defendant from the victim, obtained KRW 1 million on November 27, 2013, and KRW 3 million on November 29, 2013, respectively, and acquired KRW 2 million on November 29, 2013.

2. Around February 20, 2014, the Defendant against the victim C introduced D and G to the victim, along with D and G, at a mutually unclaimed restaurant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, on February 20, 2014, the Defendant stated that “D and G are the persons operating the same business as D and G. (b) is the local representative of the Thailand, and D is the representative of the domestic corporation. G is the president of the real estate development business and is the sponsor of our business.” On the other hand, the Defendant continued to provide the victim with “a status of securing more Bable A copy through a local corporation located in Thailand. If 30% of the price for a copy paper is paid, it would be possible to supply the copy in Thailand within 30 days.”

However, in fact, the Defendant was unable to return the money invested or borrowed from D or G due to the Defendant’s failure to return the money received from D or G, and did not engage in D or G business, and did not secure the reproduction guidance from Thailand. Therefore, even if receiving the money from the victim, the Defendant did not have the intent or ability to supply the copy to the victim.

Nevertheless, the Defendant.

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