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(영문) 서울중앙지방법원 2015.02.05 2014고단5052
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Chuncheon District Court on September 1, 2011, and completed the enforcement of the sentence at the Seoul detention center on September 1, 2011.

Since the Defendant was sentenced to the above punishment on September 1, 201 due to the fraud that acquired a total of KRW 193 million as investment funds for mushroom-related business, and was released from the office on September 1, 2011, there was no other income except for the amount of KRW 1.5 million per month through daily labor, and since November 201, there was a need for money to be used in casino gambling while continuously entering Gangwonland from November 201. Thus, even if the Defendant received money from the victims for the purpose of investment funds, it was intended to use it for gambling or daily expenses, and there was no intention or ability to pay the principal of investment and profits that the victims promised to pay to the victims by completing five-related business.

1. On September 24, 2012, the criminal defendant against the victim C made a false statement to the effect that “The defendant would make half of profits by leasing and operating a mushroom farm if he/she has invested money,” at the original central branch of the new bank located in the 380 Nowon-gu, Gangwon-si, Gangwon-do.

Around August 24, 2012, the Defendant acquired 23 million won, including the sum of KRW 10 million, around October 5, 2012, KRW 200,000,000 around October 6, 2012, KRW 2 million around November 11, 2012, KRW 3 million around November 13, 2012, and KRW 3 million around February 22, 2013, respectively, from the Defendant’s new bank account in the name of the Defendant.

2. On December 13, 2012, the Defendant against the victim E made a false statement to the effect that “The said victim would benefit from making an investment in the family mushroom growing business” at a G restaurant operated by the victim E in Gangwon-si, Gangwon-si, and that if the said victim invested KRW 30 million in the same restaurant around January 10, 2013, the Defendant would offer 20% of the proceeds of domestic mushroom growing and mushroom growing business.

b) prepare a partnership agreement with the content of "the partnership agreement".

The defendant.

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