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(영문) 광주지방법원 2016.09.30 2015고단3802
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 5, 2012, the Defendant: (a) commenced distribution business supplying c with meat to a restaurant located in Seoul and Gyeonggi-do at a mutually influent restaurant located in the Dong-gu Seoul Special Metropolitan City.

150 million won has already been invested by four investors, respectively.

At present, it stated that the loan will be made within three months, three months, and two months short, and 5% interest per month.”

However, the Defendant did not start the distribution business, and even if he borrowed money from the damaged party, he did not have the intent or ability to pay the money borrowed from the profits by running the distribution business, such as the victim’s plan.

The defendant deceivings the victim as above and was transferred 50 million won to the national bank account (Account Number D) in the name of the defendant on the 17th of the same month from the victim.

2. The Defendant, on January 10, 2012, made an investment in the distribution business that “at least was made inside” to the victim at a mutually influent restaurant located in the Dong-gu Gwangju Metropolitan City, Gwangju.

At present, four investors have received an investment of KRW 150 million, respectively, and if they make an additional investment, 15-20% of the profits accruing from the business will be paid.

The correct rate of profit sharing means that the investment contract shall be prepared after the decision of the investment contract with investors in the way of regular opening of business.

However, the defendant did not start the distribution business, and even if he received investments from the damaged party, he did not have the intent or ability to pay the profits by running the distribution business like the victim's notice plan.

The defendant deceivings the victim as above and transferred the total amount of KRW 100 million on February 27, 2015 to the above account from the victim who is affiliated therewith, and KRW 100 million on February 27, 2015.

Summary of Evidence

1. Part of the defendant;

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