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(영문) 수원지방법원 2019.11.27 2019고정1107
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On September 22, 2017, the Defendant was sentenced to a three-year suspended sentence of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on September 30, 2017, and the said judgment became final and conclusive on September 30, 2017. On December 19, 2018, the Defendant was sentenced to imprisonment for one year and four months with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on April 15, 2019.

【Criminal Facts】

1. On October 31, 2016, the Defendant against the victim B, in collusion with C, made a false statement that D, operated by C, “C” to the victim B, would give the principal and profit within a few months if the investment was made. The Defendant made a false statement that D, in collusion with the victim B, would have been operating the business in Bangladesh. The amount of the Party’s investment would be always preserved, and even if notarial loans were received, it would cause investment.

However, in fact, while the Defendant lent money to C as a part of the work loan business and did not receive the interest, the Defendant did not have the intent or ability to return the investment money even if the Defendant paid the investment money from C because it stated that “if there is a large number of situation, it is not good to introduce any other person.”

Nevertheless, the Defendant made a false statement, as seen above, and acquired a total of KRW 19 million from the victim on October 31, 2016, including KRW 11 million around December 8, 2016, KRW 3 million on December 8, 2016, and KRW 5 million on December 30, 2016.

2. The Defendant against the victim E in collusion with C on January 2017, in order to engage in the business of exporting medical devices at the victim E in Bangladesh by the director of 'C' at the victim E in the vicinity of the Annsan City, Ansan-si, the Defendant would return the amount of KRW 14 million with the principal and profit, as well as the amount of money of KRW 14 million, within a few months. When investing the said money, the Defendant may receive not only four money, but also the amount of money of friendly B. The said money was made a false statement of investment even when making a preservation line loan.

However, as above, the Defendant may receive investments from the victim.

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