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(영문) 대전지방법원 천안지원 2020.02.06 2019고단1341
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the representative of the “C Association” in Asan City B, and the victim D is an employee of the said Association from January 2017.

On February 11, 2017, the Defendant made a false statement to the effect that “When developing and selling new products (shampampoo, rinse, and drine) to the victim, the Defendant would pay high income to the victim. When investing KRW 100 million, the Defendant would pay KRW 1 million as monthly dividends and immediately return the investment amount upon the expiration of 24 months during the contract period.”

However, the defendant did not have any specific property at the time and planned to pay the existing debt or to use it for the purpose of employee's pay, etc., so there was no intention or ability to develop new products or pay the principal and profit to the victim.

Nevertheless, on February 16, 2017, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the F Bank account (G) in the name of an incorporated association E, and acquired pecuniary benefits equivalent to the same amount.

around April 15, 2017, the Defendant, as an operator of the “C Association” in Asan-si B, the Defendant made a false investment in money in order to operate an enterprise producing and selling shampoo, shampoo, frin, and fry with the trademark “an enterprise proposing health at home” to the victim H, an employee of the said office, as an employee, at the above office around April 15, 2017. On the last day of each month, the Defendant would pay 30% of the profits between the 5th day of the next month and the 500,000 won of the profits if the profits are not generated.”

However, in fact, the defendant did not invest in the above business even if he received investment money from the victim, but was planned to consume the performance of existing obligations such as the payment of deposit due to the termination of the agency contract by the defendant, the repayment of loans to financial institutions, etc., and there was no intention or ability to develop new products

Nevertheless, it is not appropriate.

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