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(영문) 인천지방법원 2018.07.26 2018고단1451
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than eight months for a crime of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to a suspended sentence of two years for a prison term of six months in the Incheon District Court due to fraud, etc., and the judgment became final and conclusive on the 23th of the same month.

The Defendant, in the name of “F” in Bupyeong-gu, Incheon. Around May 2016, the Defendant: (a) expressed that the Victim G will invest in the anticipated business in H’s Internet investment site “H”; (b) around May 27, 2016, the Defendant was aware of the fact that he/she had become aware of in the course of attracting investment.

1. On June 2016, the Defendant visited the Victim’s House located in Namyang-si, Namyang-si, and imported the nationalization of the degree of 1 container per week by visiting the Victim’s House to “G,” and importing the nationalization of the degree of 10 container per week. If the Defendant is supplied with a stable nationalization through contract cultivation, it may import the nationalization of 10 containers per week.

When the deposit of KRW 50 million is paid, the nationalization can be imported through contract cultivation in China. The revenue of KRW 600-100 million per container can be paid every week. If it is not so, it is false to the purport that it will transfer the lease deposit of KRW 90 million to the land of Bupyeong-gu Incheon Metropolitan Government and the vinyl.

However, even if the defendant actually received investment from the injured party, he did not have the intention or ability to sell by importing nationalization, and the lease deposit claim provided as security was also false.

Around June 7, 2016, the Defendant was transferred from the injured party the amount of KRW 50 million to the credit union account (J) in the name of the Defendant at the office of a non-affiliated certified judicial scrivener in Gwangjin-gu Seoul Special Metropolitan City.

2. On July 1, 2016, the Defendant continued to deal with the victim’s office located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, with the victim by concluding a contract for nationalization supply with L’s auction M and N with each second container quantity.

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