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(영문) 수원지방법원 성남지원 2019.01.09 2018고단1056
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant pays 24 million won to the applicant for compensation by fraud.

Reasons

Punishment of the crime

Around September 12, 2016, the Defendant made a false statement to the effect that “B” calls from the victim B to attend a distribution company, and purchased products with a large volume difficult to fix due to the expiration of the distribution period or to reduce the inventory at a large retailer, and then proceeds from the purchase again remain on a small set-sized sheet. It may bring about a large volume of purchase at a low price at a large retailer, and thus, the amount of investment is necessary. The Defendant made a false statement to the effect that “I will pay 4% of the monthly revenue if the payment is made.”

However, the defendant did not engage in the distribution business, and was scheduled to pay the investment money received from the victim to the gambling site operator instead of using it in the distribution business, so the defendant did not have the intention or ability to pay the profits from the distribution business even if he received the investment money from the victim.

On September 12, 2016, the Defendant received KRW 5 million from the victim to the Defendant’s Cbank account at around September 12, 2016 and received KRW 60 million in total as stated in attached Table 1 from that to February 18, 2017.

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

"2018 Highest 221"

1. Around May 2015, the Defendant made a false statement to the victim D, stating that “The Defendant would pay the victim a 5-10% profit per month or 10% profit by investing in the above business,” in the vicinity of the victim D’s residence located in Jung-gu Seoul Metropolitan Government E.

However, even if the defendant received money from the victim, the defendant was thought to use it for gambling, and there was no fact that he is running the distribution business, so there was no intention or ability to pay the proceeds according to the victim's promise.

Around May 25, 2015, the Defendant deceivings the victim as such, and then up to KRW 500,000,000 from the victim’s account (G) under the name of the Defendant for investment.

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