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(영문) 춘천지방법원 강릉지원 2018.10.05 2018고단712
사기
Text

A person shall be punished by imprisonment with prison labor for one year and six months, respectively, for each crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for a crime of violation of the National Sports Promotion Act (Gambling, etc.) at the Gangnam Branch of the Chuncheon District Court on February 9, 2017, and the said judgment became final and conclusive on February 17, 2017 and is currently under suspended sentence.

[Criminal facts]

1. The Defendant introduced, on March 2017, the victim Q Q, as the representative director of the company’s “F”, the victim Q Q, who was a customer of the victim Q, operated by the victim Q Q, which was operated by the victim Q, Ulsan-gun AR, on his own, as of March 2017, with the introduction of the victim Q as the victim’s main director of the company’s “F”, and had the intent to acquire the victim’s investment money by deceiving the victim as if

A. On March 2017, 2017, the Defendant would give the victim a dividend of 10 times the investment amount to the Defendant, at the first place of the AS, when the Defendant made an investment in tinsan development.

“A false representation was made.”

However, the defendant was not the representative director of the "F" company at the time and was trying to use the money received from the injured party individually, and did not have an intent or ability to pay dividends to the victim.

On March 13, 2017, the Defendant was transferred KRW 10,000,00 from the damaged party to the K bank account (W) under the name of the Defendant’s bank account in the name of the Defendant.

Accordingly, the Defendant, by deceiving the victim and receiving KRW 10,000,000 from the victim, received the remittance of KRW 23,700,000 in total on five occasions as shown in the annexed crime list (1) from March 29, 2017 by the above method until March 29, 2017.

B. At the end of March 2017, the Defendant would return 10 times the amount of investment as dividend until May 25, 2017, to the victim’s “at the end of the foregoing AS main office, two old accounts have arisen in tinsan Investment by dismissing the directors of the F Company, and the amount of investment is more than 40,000 won.”

“A false representation was made.”

However, in fact, the defendant was not the representative director of the F company at the time and tried to use the money received from the injured party individually.

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