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(영문) 대전지방법원 천안지원 2021.02.16 2019고단1564
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 133,510,000 won to the applicant for damage caused by fraud.

Reasons

Punishment of the crime

[Criminal record] On September 11, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in the Young Prison on May 15, 2015.

[2] The defendant is expected to conduct a business to connect the representative director D of the KCAB to the subordinate company after receiving the vehicle parts error in E, which he/she became aware of in the course of the reduction of the revenues in the Young-gu prison in 2015, so he/she will make a name of the defendant as a director of the KCAB, but he/she will make a profit.

Around November 2017, the victim B was only the victim B and the defendant was a director of the Dispute Resolution Co., Ltd., and he/she he/she he/she he/she he/she he/she was issued with name cards.

On November 23, 2017, the Defendant came to obtain the victim’s trust by stating that “I would return the principal after 1-2 weeks to an international attorney, if I would make an investment in the bonds with the right to subscribe to new shares through the attorney-at-law, and deposit KRW 12 million with 70% of the profits.” That said, I would like to obtain the victim’s trust by receiving KRW 14.4 million from the injured party, and returning KRW 20 million as principal and profit.”

1. On December 6, 2017, the Defendant: (a) made a false statement to the victim that “The Defendant, who is a bond investment company with a right to receive new shares, calls for the victim at a place that is not on a regular basis on December 6, 2017; and (b) made a false statement to the effect that “The Defendant will put in money, thereby reducing the profit and the principal.”

However, even if the defendant received money from the injured party, he was merely intended to use the money for personal purposes, and did not have any intent or ability to pay profits and principal by investing in the bonds with new authority.

The defendant deceivings the victim as above and receives 15 million won from the date of transfer to a criminal account (F) around December 6, 2017 under the name of the victim for investment and investment-related expenses from the victim. From March 27, 2018 to March 27, 2018, the victim by the same method, such as the daily list of crimes (1) in the same manner.

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