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(영문) 서울동부지방법원 2012.06.13 2011고단2080
사기
Text

A defendant shall be punished by imprisonment for one year.

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 December 2007, the Defendant made a false statement to the victim C at any heading in the Young-gu, Young-gu, Suwon-si, Suwon-si, 2007, stating, “The Defendant is making an investment in the present scrap metal business. The removed building is coming from the removed building and collects the scrap metal and then pays the profits remaining after selling the scrap metal to investors. It is a business conducted in the country for persons of distinguished service to the State. If the Defendant made an investment in this project, the Defendant would pay the profits from KRW 2.5 million to KRW 3 million per month and return the principal within two months if the contract is terminated.”

In other words, the facts were that the Defendant did not have invested in the scrap metal business with the Defendant’s funds, and there was no investment in connection with the business provided by the State for persons who have rendered distinguished services to the State. Of the money invested by the victim, part of the money was used for the Defendant’s personal debt repayment, the Defendant’s purchase cost, etc., and there was no certain occupation at the time, and there was no individual debt amounting to KRW 15 million, while there was no individual debt amounting to KRW 15 million, but there was no intention or ability to return the money within two months when the victim terminates the said

Therefore, the Defendant, by deceiving the victim as above, received KRW 50 million from the corporate bank account in the name of D on December 4, 2007, by deceiving the victim.

2. On June 2008, the Defendant made a false statement to the victim C at any coffee shop located in Suwon-si, Suwon-si, Suwon-si, 2008, stating, “The business is not currently beneficial. The Defendant collected and separates the waste computers used by the military forces, and then sells the parts within it with the profits of KRW 20 million per sheet. If the Defendant made an investment in this business, then the profits will be at least KRW 20 million until the end of the year.”

In other words, the defendant has invested money in closed-computer businesses in around April 2008.

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