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(영문) 서울중앙지방법원 2016.12.20 2016고단6933
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 19, 2015, the Defendant made a false statement to the victim C that “The Defendant would purchase used cars and export them to East Asia” (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City B building 1101,00,000 won for each share of investment, and would pay the principal and the profits until the amount reaches two million won by paying 100,000 won per share of investment.”

However, even if there is no particular revenue or property, there was no intention or ability to return the profit to the victim through the used vehicle export business.

The Defendant received a total of 3.3 million won, including 2.2 million won on September 22, 2015, and 1.1 million won on October 25, 2015, from the victim as investment money, to the Defendant’s new bank account.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 6, 2015, at a place where it is impossible to know the Seoul Metropolitan Government or a lower place, the Defendant made a false statement to the said Section 1 that “A vehicle has been sold to Dongnam-do with four vehicles used for container stuff, and sent it to the east-do,” and that “A vehicle will give 10% of the principal and the profit within 20 days if it is sent money as the two vehicle value is her mother-child.”

However, during the demand for repayment of debt from D, only he thought that he would repay his debt to D by deceiving the victim, and even if he borrowed money from the victim due to no particular revenue or property, there was no intention or ability to repay it.

The Defendant received KRW 17 million from the victim to the Agricultural Cooperative Account of (E) E operated by the said D on the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1.Each of D. D.

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