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(영문) 수원지방법원 성남지원 2018.12.14 2018고단1501
사기
Text

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

1. On January 3, 2015, the Defendant, at the D office operated by the Defendant, in Gangnam-gu Seoul, via the Kakakao text message, entered several bidding funds for the school sports facility tender project in the size of KRW 300 million in the country. On March 3, 2015, the following two months of the participation in the bidding, the Defendant paid the amount equivalent to 10% of the principal of the investment as profits.

“A false representation was made.”

However, at the time of fact, D did not participate in the school sports facility tendering business, and even if the Defendant received an investment from the victimized party, he thought that the investment was used for personal purposes, such as the Defendant’s repayment of the Defendant’s obligation and living expenses, and thus, he did not have the intent or ability to pay the principal of the investment and the profits therefrom to the injured party until March 3,

On January 31, 2015, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim to the national bank account (F) in the name of the Defendant under the name of the Defendant for the purpose of investment money; and (c) obtained money from the defrauded.

2. On March 1, 2015, the Defendant, using the Kakao Stockholm text message, made an investment of D with a favorable share in the amount of KRW 500,000,00,000 to the victim, using the Kakao text message, at the office of D Co., Ltd., Ltd., as described in the foregoing paragraph (1) around the beginning of the beginning, the Defendant guaranteed the principal of the investment, and paid the amount of the investment with the principal as KRW 15-30,00,000 from the end of

“A false representation was made.”

However, even if the defendant received an investment from the damaged party, he/she was thought to use the investment for personal purposes, such as repayment of the defendant's obligation and living expenses, so there was no intention or ability to pay the principal of the investment and the profits therefrom to the victim until the end of January 2016.

The defendant deceivings the victim as above and transfers 30 million won to the national bank account (F) in the name of the defendant on March 4, 2015 from the victim who is affiliated with it as investment money.

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