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(영문) 대전지방법원 천안지원 2016.08.30 2015고단552
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

B around May 2009, around the five years from June 1, 2009 to May 31, 2014, entered into an E monopoly sales contract with the representative D of Limited Construction Co., Ltd. located in the Chinese Peninsula, and around that time, the Defendant granted the Defendant the exclusive right to sell E in Korea.

1. On June 4, 2009, the Defendant stated that “A cosmetic agency operated by the Defendant in the Daegu Suwon-gu, the Defendant would receive Korean sales tickets” from the victim H, “The Defendant would complete payment without molding three months after lending KRW 13 million as operating funds, such as the creation of the website, are necessary.”

However, the defendant was unable to secure a stable life water circulation network at the time, and the defendant was in the absence of funds for the purchase of raw water to be paid to B, so even if he borrowed money from the damaged person, he did not have the intention or ability to repay it within the due date.

Nevertheless, the Defendant received KRW 13,00,000 from the injured party to the Agricultural Cooperative Account under the name of the Defendant on the day and acquired it by the defrauded.

2. On February 23, 2011, the Defendant: (a) around the Defendant’s residence of the Victim H in the Daegu Suhyup-gu I; and (b) around the victim’s residence, the Defendant “E is a good business and has a vision.

In Daegu and North Korea, the total purchase deposit amount of KRW 50,000,000, which means that the total purchase deposit amount of KRW 30,000,000 will be paid.

However, on January 2010, it was difficult for the Defendant to secure a stable distribution network on the wind that was made with the affiliates of the group, so it was in fact impossible to continue the life-sustaining business, and there was a demand from the investorJ to return the investment amount of KRW 50 million.

In particular, the Defendant had no intention or ability to supply E in a stable manner even if he/she receives money from the injured party under the name of the total sales deposit in Daegu and North Korea area, since the purchase fund for cosmetics to operate the cosmetics agency was urgently needed.

Nevertheless, there is a need to do so.

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