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(영문) 대구지방법원 2019.10.16 2019고단2011
사기
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine for negligence of 9,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On July 17, 2012, Defendant A sentenced the Daegu District Court to three years and ten months of imprisonment for fraud and four months on May 3, 2016.

Defendant

B On October 31, 2013, the sentence was completed on March 7, 2016 after being sentenced to two years and six months of imprisonment for rape injury in the pure support of the Gwangju District Court.

【Criminal Facts】

1. Defendant A

A. On April 2017, the Defendant committed a crime related to the merchandise coupon sales business around the end of April 2017, the Daegu-gu Dong-gu, stating that “The merchandise coupon was paid at once to the victim D with the performance money of his employees at E department stores, and the merchandise coupon was purchased at a low price by phoneing the merchandise coupon to the wife at the department store because of a large trading volume than ordinary, and if the merchandise coupon was sold in cash, the amount of profit would be 20%, and if the merchandise coupon was sold in cash, the amount of profit would be 20%, and if money is invested in the merchandise coupon sales business as money is short of money, the Defendant would return the principal by October 20, 2017.”

However, the defendant did not have the intent or ability to pay the principal and profit even if he received money from the victim because he did not operate the merchandise coupon sales business.

The Defendant received a total of KRW 45 million from each remittance of KRW 30 million on May 1, 2017, and KRW 15 million on May 4, 2017, under the name of investment, from the G bank account in the name of “F,” which is a bank account in the name of “F,” from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. Around May 9, 2017, the Defendant committed a crime related to merchandise coupon sales business on or around May 9, 2017, when paying KRW 8 million to the victim as a profit for KRW 45 million invested by the victim, such as the foregoing 1-A, as seen in the foregoing 1-A around the convenience store located in Daegu Suwon-gu H, the Defendant invested KRW 85 million in addition to KRW 45 million invested by the victim as well as KRW 8 million increased profit, 22 million in addition to KRW 8 million in investment, the Defendant shall be deemed to have invested KRW 81.2 million in the following month and invested KRW 85 million in total.

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