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(영문) 서울동부지방법원 2017.11.09 2016고단2958
사기
Text

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

Reasons

Punishment of the crime

The Defendant of “2016 Highest 2958” calls from March 2014 to April 2014 to the victim E who was aware of the fact at D University, and calls from D University to “F will be sold immediately, and if it is expected that it will be sold at this time, 20% of its investments will be made 20% of its investments, and later.

5. By the end of 20.20, it stated to the effect that the principal and interest of the investment can be recovered, which means that the amount of the four-way money has been invested as much as possible.

However, at the time of fact, F had already sold the business department and the business department to another company, and had already closed the business on November 30, 2013 due to the default of corporate tax, etc., and at the time, F did not work normally as a printing office that produced the publication at the request of F Co., Ltd. and did not pay an amount equivalent to KRW 60,000,000 for printing, and thus, the Defendant did not have any intent or ability to repay the principal and profits to the victim even if he received money from the victimized party.

Accordingly, on April 18, 2014, the Defendant, by deceiving the victim, transferred KRW 10 million to G safe account (Account Number: H) in the name of F Co., Ltd. on April 18, 2014.

On May 19, 2014, the Defendant continued to call to the victim again on May 19, 2014 and “The sale transaction of F is immediately before the formation of the present transaction.”

At present, dividends can be collected more than dividends.

If an investment is made in the form of acquiring the shares of retired employees, the investment principal and interest should be paid including 20% of the investment funds at the end of June.

However, the defendant did not pay the benefits at the time of fact.

I paid the benefits to the victim for the purpose of repaying the obligation to J, and there was no intention or ability to pay the dividend to the victim until the Haman on June 2014 because the sale of F Co., Ltd. at the time did not want to have the intention to pay the dividend.

This belongs to the defendant.

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