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(영문) 광주지방법원 2020.04.09 2019고정1298
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around June 2017, the Defendant introduced the victim C who was aware of the person who is to invest in the entertainment room business by the request that he was aware of the person who is to invest in the business of the Defendant, and received 11 million won from the victim to the said B under the name of the investment, and introduced the victim upon the request that he was aware of the person who is to invest in the entertainment room business from D which was constantly aware of the fact, and then transferred 20 million won from the victim to the account in the name of the Defendant from July 10 to July 29, 2017.

1. On August 5, 2017, at a place where the location is unknown, the defrauded said that “a police officer need to conduct personnel affairs in order to operate the above entertainment room business” to the victim.

However, in fact, the defendant thought that he will receive money from the victim and did not have the intention or ability to use it for the entertainment room business.

As above, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim, via the Agricultural Cooperative Account (F) in the name of E, a branch of the same day.

2. Embezzlement;

A. On October 2017, the Defendant received KRW 5 million from the above B as the name of return of investment funds to the victim at a place where the location cannot be known, and used arbitrarily for personal purposes around that time while keeping for the victim.

Accordingly, the defendant embezzled the victim's property.

B. From October 28, 2017 to November 17, 2018, the Defendant received a total of KRW 7,650,000 from the said D to the Agricultural Cooperative (G) accounts under the name of the Defendant and the Agricultural Cooperative (I) accounts under the name of the Defendant for the return of investment funds to the victim and for the profits therefrom, and used arbitrarily for personal purposes, such as the Defendant’s living expenses, etc. around that time while keeping for the victim.

Accordingly, the defendant embezzled the victim's property.

(i) the evidence;

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