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(영문) 수원지방법원 성남지원 2019.08.21 2019고단749
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around January 23, 2018, the Defendant made a false statement that “D” store operated by the Defendant in Songpa-gu, Songpa-gu, Seoul, would receive money from the victim B to pay 50% of the profits when investing in the clothing distribution business operated by the Defendant with the principal. The Defendant made a false statement to the effect that “D” store operated by the Defendant in Songpa-gu, Seoul, would return the amount of money necessary to purchase the clothing at a low price to the victim’s main office to the extent that 40% of the profits accruing from the transfer of the clothing manufacturing business from the wholesale company and return the investment principal together with the investment principal.”

However, the Defendant, without any particular property, has to pay approximately KRW 340 million as interest per month in total with financial rights and bonds. However, the Defendant had to pay approximately KRW 10 million on every month. However, the Defendant continued to borrow or invest in the money by so-called “competing” method, i.e., payment of investment or loan proceeds, etc. that he received from not only the victim but also the surrounding people, under the pressure of financial pressure so that the sales of the said D D’s clothes store was low and not paid to the customer. The Defendant was able to use the money received from the victim to repay the existing debt to other investors, etc. or to receive re-investment under the pretext of the victim’s profits as if it was normally used to pay the money, and thus there was no intention or ability to return the money together with the profits, even if having received the money from the victim.

Around January 23, 2018, the Defendant, by deceiving the victim as such, received KRW 8,000,000 from the victim to the E bank account (F) in the name of the Defendant, as well as received KRW 8,000,000 from that time until April 7, 2018, total of KRW 154,00,000 from that time, as stated in the separate crime list, as shown in the separate crime list.

Summary of Evidence

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