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(영문) 대구지방법원 김천지원 2019.10.23 2019고단329
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 28, 2017, the Defendant, at a coffee shop, where the trade name in the former and Pyeongdong is unknown, the victim B’s indictment is referred to as “victim.” However, upon examining the record, the victim was the same as the obligee stated in the notarial deed submitted by the Defendant and did not appear only in one person, and the victim added the victim’s name as above.

The term “unconditionable variable insurance and fund goods” means that “if the two goods are cancelled, the amount of 20 million won will be bound by bank and invested to Nab in the amount of 20 million won, the amount of the loss will be obtained by making up only the part of the loss so far.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to re-investment and make losses and pay profits to the victim.

As above, the Defendant made a false statement to the victim, and acquired 20 million won from the victim to the C bank account under the name of the Defendant on the same day.

2. On October 18, 2017, the Defendant stated, at a coffee shop, that “If the Defendant made an investment of KRW 20,000,000,000,000, in 1.5 million each month, the Defendant would create a final revenue amounting to KRW 45,00,000,000 per month and the final revenue amounting to KRW 1.5 million.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to re-investment and make losses and pay profits to the victim.

As above, the Defendant made a false statement to the victim, and acquired 20 million won from the victim to the C bank account under the name of the Defendant on the same day.

3. Around August 30, 2018, the Defendant need to pay a fee to enable the victim to withdraw money by telephone.

It is possible to deposit 260,000 won as the fee is not paid due to the absence of the fee.

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