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(영문) 부산지방법원 동부지원 2018.04.05 2017고단2394
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant, while engaging in merchandise coupon distribution business with the victim C’s investment money known to the general public, formed a trust relationship with the victim, the Defendant arranged the business from the end of December 2016 to make it difficult to create more profits, but he was able to receive the investment money from the victim by making a false statement as if he would guarantee high-rate profits and the payment of principal through merchandise coupon business.

On December 26, 2017, the Defendant made a false statement to the effect that “When investing in the merchandise coupon distribution business, the Defendant would pay 5% of the profits and principal without mold to the victim’s money from five days after the date of investment in the merchandise coupon distribution business,” the Defendant made a false statement.

However, in fact, the Defendant did not notify the victim of such fact even if the Defendant was to use the investment funds for the loan business, not for the business of distributing merchandise coupons closed from the beginning, but for which the collection of principal and the creation of profits was not transparent, and there was no intention or ability to pay the profits and the principal within the agreed period due to the absence of any particular property or acceptable admission.

Accordingly, the Defendant, as seen above, received a total of KRW 49 million from 21 times, including the fact that the Defendant deceiving the victim and received KRW 2 million from the injured party on the same day, as indicated in the list of crimes in the attached Table, as an investment in merchandise coupon distribution business.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Determination as to the defendant and defense counsel's assertion of the complaint, investigation report (attached to the certificate of process submitted by the suspect, etc.)

1. The summary of the Defendant and his defense counsel’s assertion was that the Defendant, while operating merchandise coupon business with money from the injured party, paid the principal and profits to the injured party normally, and the Defendant discontinued the merchandise coupon business to the injured party on January 23, 2017.

Since we talk from that time, we do not want to receive new money, we do not deceiving the victim and have the intention of fraud.

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