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(영문) 서울중앙지방법원 2014.01.15 2013고단5052
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. [Attachment 2013 Highest 5052] The Defendant was a person who was an employee of the House of the former President Park Jong-gu.

On September 201, 201, the Defendant told the victim E to the effect that “A person in the territory of the Republic of Korea has been operating a safe rest area with the knowledge of the inside of the country, and when investing 400 million won in the safe rest area, the Defendant would guarantee the principal by operating a window in the safe rest area with the invested money, and pay 4-5 million won as monthly income from April 201 to April 201.”

However, the Defendant did not have any intention or ability to pay the profits, etc., even if he received money under the pretext of investment in the safe resting because there is no relation with the safe resting.

As above, the Defendant, by deceiving the victim E and by deceiving him/her from the victim F, who is his/her affiliated therewith, through the National Bank Account in the name of G (H) on November 1, 201, and KRW 15 million on November 2, 201, KRW 30 million on November 3, 201, KRW 60 million on November 11, 201, KRW 60 million on November 11, 201, KRW 10 million on November 18, 201, KRW 100 million, KRW 100 million on December 30, 201, and acquired the total amount of KRW 400 million on February 24, 201.

2. [Attachment 2013 Highest 7369] The Defendant was a person who was a staff member of the House of the former President of CJ.

Not only did the Defendant did not run the business of the expressway resting but also had already received money from other investors as a loan for the business of the expressway resting and paid the principal and interest to other investors. Thus, even if the Defendant received money from the victim G as a loan for the business of the expressway resting, he was willing to deceive the victim by deceiving him, notwithstanding having no intention or ability to pay the principal and interest to the victim.

The Defendant, around October 24, 2008, at the former president's home located in Dongjak-gu Seoul Metropolitan Government D around October 24, 2008, may pay a good profit if the Defendant calls to the victim to make an investment in the business of the expressway rest area.

When investing 70 million won, 1.8 million won per month shall be paid a profit.

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