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(영문) 대전지방법원 천안지원 2013.12.12 2013고단1359
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On July 29, 2008, the Defendant against the victim C made a false statement to the victim C that “A company that is engaged in the design of a pent and a small and medium building in Seocho-gu Seoul, Seocho-gu, is working as a financial director of the above company. D currently is currently working for the E-penta complex development project. When investing in this project, the principal is guaranteed and the profits from the investment are 9.4% per annum. There is no risk of investing only one year, and the interest will be paid to the account every month, and the principal will be returned before June 30, 2009.”

However, in fact, the company run by the defendant differs from F, D, and the company run by the defendant did not have a plan to make an investment in the E-penta complex development project, so even if the defendant received an investment from the victim, it was not able to make an investment in the above development project, and there was no other income, so there was no intention or ability to pay the principal within the time limit.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Cit Bank account G in the name of the Defendant, and acquired it by deception.

B. On July 6, 2009, the Defendant made a false statement to the victim H by phoneing the victim H at an unspecified place, stating that “The interest rate has been lowered, a short-term investment product that can receive high interest rate has been made for a period of two months, which may be paid, may be paid 3% interest per month or 9.5% interest per annum on the part of the City Bank and the Korea Investment Securities if the Eti Bank and the Korea Investment Securities are invested for three months or six months, and this product does not give any special interest to its customer, but gives any special interest to its customer.”

However, in fact, the defendant did not have such goods in the City Bank, and since the goods of the Korea Investment Securities can only be admitted to the employees, the defendant is the victim.

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