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(영문) 수원지방법원 안양지원 2017.12.15 2017고단1729
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On February 28, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud and 3 years of suspended execution, and the judgment became final and conclusive on April 11, 2017. On December 7, 2016, the same court was sentenced to two years of imprisonment for fraud, etc. and the judgment became final and conclusive on June 2, 2017.

[Criminal facts]

1. On September 29, 2016, the Defendant against the victim B was at the victim B’s office located in the Seoul Gwangjin-gu Seoul Special Metropolitan City (State) D office that “(State) has an automatic tent in which the patent has been granted in D, and would give the principal and the profits if the Defendant invested in the expenses for the development of the automatic tent.

“A false statement” was made.

However, in fact, there was no automatic machine that has been patented in D, and even if the defendant received money from the injured party for the purpose of investment, he was considered to have used to pay allowances to the invested investors under the name of another multi-level business, and there was no intention or ability to pay the principal and profits of the investment to the victim, unless the new investors have been induced.

As above, the Defendant: (a) by deceiving the victim as above; (b) received from the victim on the same day the remittance of KRW 17 million from the bank account in the name of the victim to the (F) one bank account in the name of (E) D; and (c) received the total sum of KRW 44.1 million from that time to that time, as shown in the list of crimes in the attached Table.

2. On November 2016, the Defendant against the Victim G: (a) in D office located in Gwangjin-gu Seoul Special Metropolitan City (State) D in (State) D office in Gwangjin-gu, Seoul, for the purpose of lending money to use as a basic fund for business; (b) in formality, as if he/she lent money to the individuals (state) who intend to make an investment in D, 300,000 won, he/she shall prepare a loan certificate; and (c) in fact, he/she shall receive 30,000 won within 30,000 won per week

“A false statement” was made.

However, the defendant did not have business funds, except those borrowed by the victim at the time.

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