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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2016
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is a person who was a director of “stock company C” in the second floor of Busan Jin-gu B building in Busan, and the victim D is a person who engaged in mobile merchandise purchase business in the trade name of “(State) E”.

1. Around 10:00 on March 21, 2017, the mobile merchandise coupon fraud Defendant made a false statement to the effect that “The Plaintiff will offer investors by explaining the business of merchandise coupons to other investors when leaving 100,000 won of the merchandise coupon exchanged with a merchandise coupon in a lot.” The Defendant made a false statement to the effect that “I will pay KRW 22,00,000,000,000,000,000 in total, including cash 2,000,000,000 won and the profits thereon, after the mold.”

However, at the time of fact, the Defendant was liable to pay to other investors who promised to make investments. However, even if there was no particular property or income, and even if gift certificates were received from the victim, it was intended to exchange the gift certificates in cash to exchange them with the victim for the payment of the above proceeds, and there was no intention or ability to return the said gift certificates to the victim within the time limit for solicitation or promise of investors.

Nevertheless, the Defendant, as above, by deceiving the victim, received a total of 20 million won merchandise coupon from the victim, namely, a total of 20 million won.

2. On April 14, 2017, the Defendant made a false statement to the effect that “Around April 14, 2017, the Defendant would send KRW 33,00,000,000 in cash plus the sum of the gift certificates worth KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, at the time of fact, even if the defendant received money from the victim due to financial difficulties, the defendant is now subject to the preceding paragraph.

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