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(영문) 대전지방법원 2017.05.17 2017고단1236
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and for not more than six months for the crimes of No. 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment for fraud, etc. at the Daejeon District Court on May 12, 2016 and the said judgment became final and conclusive on May 20, 2016.

1. Fraud against the victim AT, AU, and AV;

A. On July 23, 2015, the criminal defendant against the victim AT opened at the AX coffee shop located in Seo-gu Daejeon, Daejeon on July 23, 2015, and the victim AT opened at the AZ shop at the GZ AY shop on the Gyeong-do Highway, and returned the deposit one year after the loan of KRW 35 million, and paid 50% of the monthly profit.

The phrase “ makes a false statement.”

However, in fact, the above high-tech store is not required as a youth start-up store, and not only the defendant already delivered KRW 17 million to BA who is the branch of the store as investment expenses for the above store facilities and promised to pay business profits to the above BA. Therefore, even if he received money from the injured party as a security deposit, he did not have any intent or ability to pay the above money to the injured party.

On July 24, 2015, the Defendant, by deceiving the victim, received KRW 35 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant.

B. On July 2015, the Defendant, at the mutual infinite coffee shop located in Seo-gu Daejeon, Seo-gu, Daejeon around July, 2015, was entitled to receive “BB resting youth shop shop business operators (e.g., Implence)” from the victim AU.

If an investment of KRW 37 million is made in the above store, 40% of the profits will be paid while managing the above store.

The phrase “ makes a false statement.”

However, in fact, even if the defendant received money from the injured party, he did not have the intention or ability to pay the profits to the injured party by taking over the sales of the above rest area.

As such, on August 8, 2015, the Defendant deceivings the victim and deceivings the victim from the damage, the amount of KRW 18 million to the Saemaul Treasury account in the name of the Defendant, and the same month.

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