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(영문) 대구지방법원 서부지원 2020.06.10 2020고단1223
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

On April 2018, the Defendant became aware of the victim B who was working at the Maurter while cleaning at the Maurter in the Maurtera-si, Chungcheongnam-si, North America.

1. On January 1, 2019, the Defendant made a false statement to the effect that “Around early January 2019, the Defendant would lend money to the victim for dental treatment, etc.; (b) there is an investment in an unlisted share; and (c) to pay off money.”

However, in fact, the Defendant did not have invested in the stocks of the head of an emergency. However, the Defendant was liable for KRW 12 million to those who were engaged in self-business, while there was no particular property or sufficient income. Since the money received from the victim was thought to be consumed by entertainment expenses, there was no intention or ability to repay the money even if he borrowed money from the victim.

On January 2, 2019, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3 million from the victim as the borrowed money from the Defendant’s agricultural bank account under the name of the Defendant; (c) from that time until December 6, 2019, the Defendant received KRW 63,251,720 in total over 20 times from the victim, as indicated in the separate crime inundationed project, from December 6, 2019.

2. Around the beginning of April 2019, the Defendant made a false statement to the effect that “When investing in an emergency stock, the Defendant may receive dividends of 40-50% after the six-month period,” the Defendant made an investment to the victim. The Defendant would make an investment to the Party once the dividends are paid off.”

However, there was no such investment in non-listed shares as above, and the defendant thought to consume money from the victim as entertainment expenses, so even if he received money from the victim, there was no intention or ability to return the investment money.

As above, the Defendant deceptioned the victim and received KRW 22 million from the victim to the Agricultural Cooperative Account under the name of the Defendant (Serial number: D) on or around April 29, 2019.

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