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(영문) 서울북부지방법원 2016.01.15 2014고단770
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. The Defendant committed the crime of fraud is a person who served as a manager of “F operated by the victim E in Gangnam-gu Seoul Metropolitan Government from November 30, 2012 to August 6, 2013.”

A. On October 5, 2012, the Defendant made an investment of KRW 50 million in the sports soil site at “H restaurant located in Gangnam-gu Seoul Metropolitan Government” to the said victim at “H restaurant,” and would make up for the principal amount of KRW 50 million even if the damage incurred.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intent or ability to compensate for the damage if the defendant used the above money for the investment or suffered damage.

Accordingly, the Defendant, as such, by deceiving the said victim, received a delivery from the said victim of KRW 40 million on October 5, 2012, and KRW 50 million on the following day, for the said victim’s investment deposit.

B. Although the Defendant either repaid his debt or communication fee on behalf of his birth or lent money to another friendship, the Defendant did not have money, and thus, did not intend to obtain money from the said victim without true usage.

(1) On June 13, 2013, the Defendant made a false statement to the said victim that “F’s employees would have to pay monthly pay KRW 1,867,056 to I”.

However, in fact, the above I did not intend to pay the F employee monthly pay even if he did not receive the money from the injured party.

As such, the Defendant, by deceiving the above victim, received KRW 1,867,056 from the above victim under the pretext of I’s monthly salary.

(2) On July 15, 2013, the Defendant made a false statement that “F’s employees I shall pay monthly pay KRW 2,017,000 to F’s employees I.”

However, in fact, the above I did not intend to pay the F employee monthly pay even if he did not receive the money from the injured party.

Accordingly, the defendant deceivings the above victim, and his position is I's monthly pay from the above victim.

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