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(영문) 서울중앙지방법원 2020.04.03 2020고단315
사기
Text

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

The defendant shall pay 10,125,900 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On January 18, 2019, the Defendant: (a) around 18, 2019, the victim BW at the Vietnam hotel, saying, “B is preparing for the business of attracting Vietnam’s U.S. students and transmitting Vietnam’s human resources to the Korean university in Vietnam; and (b) together with the joint business, a large amount of profits may be earned; (b) currently, the Defendant spent 50 million won to promote the establishment of a local corporation for Vietnam’s human resources shipping services and the establishment of a private teaching institute for Korean language education in Vietnam. 50% of the expenses are invested.”

However, in around 2013, the Defendant, while operating the Company G, was failed to perform the business and was liable for approximately KRW 180 million. On January 2016, the Defendant established a cosmetic Co., Ltd., which is a cosmetic distributor by lending another person’s name, and started the business. However, there was no fixed business profit, and there was a need to raise operating funds, such as monthly and personnel expenses, with loans. The Defendant was in a state where the Defendant had to remain at a remote business indemnity stage, and the Defendant was in a state where he was going to spend the money received from the victim as operating funds of E Co., Ltd., which is irrelevant to the business of Vietnam, and thus, there was no intention or ability to normally promote the business of transmitting Vietnam human resources, even if having received investments from the victim.

Nevertheless, the Defendant received 9,000 UV bank account (Z) in the name of the Defendant in the name of BY from the victim, namely, UV bank account in the name of BY (Z) from the victim at the end of the above false statement, and received 9,000 US dollars (Korean Won 10,140,000) as investment

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Document of statement concerning BW;

1. A complaint;

1. The Kakao Stockholm conversation, a certificate of foreign currency remittance, and an inquiry table of basic information on foreign currency remittance;

1. A copy of a bankbook;

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