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(영문) 광주지방법원 2018.07.04 2018고단729
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The request of applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On April 2012, the Defendant against the victim G made a false statement to the effect that “If he/she makes an investment to B, he/she would guarantee a large amount of profits to the Party by purchasing stocks that could obtain a large amount of profits in the future,” even if he/she was planned to use them for personal purposes, such as repayment of the Defendant’s existing debt, living expenses, etc., even if he/she received an investment from the damaged Party G.”

On April 13, 2012, the Defendant, by deceiving the victim, received money of KRW 13 million in the name of investment in a corporate bank account (Account Number H) under the name of the Defendant.

2. On February 2016, the Defendant received money in the name of investment in the Defendant’s operating company from the victim I in order to obtain a sense of appreciation by means of selling high-priced gifts to the victim I, F, E, and J at the same time, and marriage discussions with the victim I, with intent to use money for personal purposes, such as purchase of high-priced gifts, living expenses, etc., and thereafter obtain money from the victim F, F, F, E, and the victim J, who is the victim of the victim I, with intent to obtain money from the victim J as investment money, etc.

A. On February 19, 2016, the Defendant committed a crime against the victim I made a false statement to the effect that, even if he/she received an investment from the victim, he/she was planned to use it for personal purposes, such as the purchase of high-priced futures, living expenses, etc. against the victim, and that he/she may obtain a large amount of profit if he/she invests in money to the company run for the purpose of its operation, even though he/she did not have an intent or ability to pay the proceeds and the principal of the investment as promised by the victim.

As such, the Defendant, by deceiving the victim, obtained 40 million won of the check from the victim himself/herself, and obtained 10 million won of cash from the victim.

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