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(영문) 서울중앙지방법원 2018.04.18 2018고단809
사기
Text

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

Reasons

Punishment of the crime

1. On August 14, 2009, the criminal defendant against the victim C was willing to hold a public performance in the victim C at the mutually aesthetic coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The defendant planned to hold a public performance in the U.S. LA if he/she invested money to B.

A false statement was made to the effect that the principal of the investment fund will be guaranteed and that 25% of the performance revenue will be paid.

However, at the time of fact, the above E did not have established a specific plan to perform the performance in the U.S. LA, and the defendant was not a legitimate agent of the above E, and there was no ability or will to plan the performance in the U.S.

Nevertheless, the Defendant received from the injured party on the same day the remittance of KRW 50 million to the National Bank Account (F) in the name of the Defendant, and used it for the Defendant’s personal debt repayment.

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

2. On June 2009, the criminal defendant against the victim G (after the opening of the order) made a false statement to the victim G who was in the first police officer relationship with the victim G, stating that "a person must prepare a security deposit for the house to live together by marriage. A person affiliated with D had a performance in the U.S. LA., and, if he/she paid money, he/she would offer money as a profit from a public performance."

However, the defendant had no intention to marry with the victim, and there was no ability or intent to plan E's U.S. LA performance because he was not a legitimate agent of the above E, and all investment funds received from C was used for the repayment of personal debt.

Nevertheless, the Defendant received KRW 5 million from the injured party on October 15, 2009, and KRW 25 million on November 1, 2009 from the injured party, and used KRW 20 million on November 13, 2009 for the Defendant’s personal debt repayment by receiving KRW 50 million from the national bank account (F) in the name of the Defendant on November 13, 2009.

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

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