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(영문) 서울북부지방법원 2015.02.10 2014고단3309
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the original sales business in the name of “D”.

In 209, it was registered as a bad credit holder due to business depression without any particular property and registered in the name of wife E and Dong F, opened a bank account in the name of wife E and Dong F, and operated the original sales business, but the financial situation has deteriorated due to the increase of debt and the poor business financing.

The Defendant, in such a situation, proposed that “if the Defendant imported and sold the original body in a foreign country, it can see a large amount of profit.” The Defendant received the victim H through G, by suggesting that the original body was invested.”

1. On May 30, 2009, at a non-permanent restaurant located in Macheon-si (hereinafter referred to as Macheon-si) with G and the victim, etc., and “all profits may be paid if the main body is imported and sold in a foreign country. There has been a lot of profits from the importation of the main body in the foreign country. There has been 10 million won prior to the loan of 100 million won, making 40% of profits to the victim and the remainder 60% shall be divided between the defendant and G.” On the same day, the above restaurant provided the victim with the “the main body of the revenue source shall be supplied.” On the same day, there has been contact with the victim. On June 20, 2009, as soon as the main body has been secured, the Defendant borrowed the main body to the effect that the cash transfer was made in the name of the victim, 305 million won, and the date on which the Defendant was transferred to the 1.5 million won in the name of the victim.”

However, at the time, the Defendant merely intended to use the borrowed money received from the victim for personal purposes, such as repayment of other debt, and did not intend to purchase the revenue source, and there was no intention or ability to repay the borrowed money or sales revenue to the victim with the aggravation of financial standing.

2. I. G through G on June 15, 2009, deceiving the victim in the same manner as that of the preceding paragraph.

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