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(영문) 대전지방법원 2016.10.06 2016고단819
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around May 16, 2012, the Defendant: (a) established a State D for the purpose of real estate sales, etc. on the third floor of the Cheongju-gu Seoul Building on May 16, 2012, and operated the said company as the representative director until November 2014.

1. Around January 17, 2013, the Defendant made a false statement to the effect that “A victim E (n, female, and age 64) will transfer ownership of KRW 10,200,000,000,000,000,000,000,000 won by discounting 2% of the employees of the company,” at the above (D office) office.

However, the defendant was willing to use the land as a fund for the management of the company even after receiving the purchase price from the victim, and there was no intention or ability to transfer the ownership of the land to the victim.

As above, the Defendant, by deceiving the victim as above, received the total sum of KRW 10,200,000 from the victim on January 17, 2013, KRW 18,000,000 on January 18, 2013, KRW 1.5 million on February 7, 2013, KRW 500,000 on February 27, 2013, and KRW 10,22 million on March 15, 2013, and acquired the money from the total amount of KRW 343,173,60 from the victim on August 29, 2014, as shown in the attached list of crimes.

2. Around January 21, 2014, the fraud Defendant made a false statement to the effect that “If the financial position of the lending company is too difficult, if the lending company is extended with credit loans, the amount to be invested in the outside would be KRW 1-20 million, and the amount to be paid out will be paid out by December 2014, 2014.”

However, at the time, D does not have sales, and the Defendant’s debt reaches the amount of KRW 45 million, while at the same time, it was in need of KRW 30 million per month with employees’ pay and rent, etc., and it was not confirmed that it was an investment from outside, and it was not feasible, and therefore, it also borrows money from the victim.

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