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(영문) 인천지방법원 2014.04.03 2013고단4549
사기
Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person with no certain occupation, and even if he receives money from the victim C as a loan or an investment, he did not have any intention or ability to return it.

1. On February 2, 2012, the Defendant concluded that “The Defendant would return KRW 8.5 million to the victim when the lease period expires after one year, as deposit 15 million out of the deposit 15 million is insufficient to obtain the Defendant’s F commercial building in Seo-gu, Seo-gu, Incheon.”

However, the facts were that G was leased by the defendant's wife.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the national bank account under the name of H on February 6, 2012; KRW 900,000,000 from the I’s account on February 22, 2012; KRW 800,000 from the I’s account of community credit cooperatives on February 24, 2012; KRW 4.6 million from the I’s account of community credit cooperatives on February 28, 2012; and received KRW 8.3 million in total from the victim as a loan.

2. The Defendant, around April 2012, at the Incheon Seo-gu F Office, stated that “The Defendant invested KRW 140 million in capital to establish a pc game company by the wife G, i.e., the wife-Nam.” The Defendant made a false investment of KRW 50 million. As such, the Defendant would make an investment of KRW 30 million against the share in the face of harming an investment of KRW 30 million.”

However, the fact that the defendant did not have any funds invested in the above G.

Accordingly, the Defendant: (a) deceiving the victim as above and received KRW 2 million in cash from the victim on April 12, 2012; (b) and (c) transferred KRW 30 million in total from the victim as an investment deposit account in the name of the victim on April 23, 2012; (c) May 1, 2012; (d) KRW 3 million on May 21, 2012; (e) KRW 200,000 on May 12, 2012; and (e) transferred KRW 10,000,000 from the victim as an investment deposit account in the name of the victim on May 22, 2012; and (e) KRW 1.5 million on May 23, 2012, respectively.

3. On May 26, 2012, the Defendant: (a) at the victim’s office of the said office of the said office of maintenance; and (b) the victim was unsold in the Seo-gu F, Seo-gu; and (c)

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