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(영문) 수원지방법원 2017.03.09 2014고단7219
사기
Text

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

Reasons

Punishment of the crime

1. On October 30, 2009, the Defendant may impose two to three times the investment amount on the victim of the sexual intercourse victim D, where he/she had a close-end company listed in Seoul (Seoul) around October 2009.

B. There is no absolute damage because both families have already made investments and made investments in the company to be listed.

Even if he failed, he said to the effect that he would make it possible to cope with his failure by his own ability, and that he would deliver it to his friendship if he pays the investment money.

However, in fact, the defendant received investment from the injured party to use some of them for personal purposes, such as repayment of debts, and there was no investment by the defendant and his/her family members, and it was unclear whether the defendant and his/her family members could make profits within three months from the introduction of E to the F.

In addition, the defendant was suffering from economic difficulties due to loan obligations, etc., and there was no intention or ability to compensate for the victim's investment in the event of failure to make an investment.

As such, the Defendant, by deceiving the victim, received 70 million won from the victim on October 30, 2009 from the victim, and acquired 70 million won.

2. On March 5, 2010, around March 5, 2010, the Defendant made a request for the payment of corporate tax to the victim D to return the F-investment amount.

At the time of deposit of KRW 1,729,00,000, the statement was made to the F to the effect that it would enable the F to return the investment amount.

However, in fact, the defendant was thought to be used for personal purposes such as repayment of debt by receiving money from the injured party, and there was no fact that F paid corporate tax to the defendant on the condition that the amount of investment was returned.

The defendant deceivings the victim as such.

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