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(영문) 창원지방법원 진주지원 2020.01.15 2019고단1319
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant, B, and Victim C are between high school windows.

Around 2015, the Defendant was running a “F store” in E located in Haan-gun, Hanam-gun, and around that time, the Defendant asked B to the effect that “I want to open a store of “I” at G located in G in G in G in G in G. One time to inquire about the prospective investors.”

B said, around that time, the victim said that he had been able to find an investor, and the victim had the intent to make an investment and agreed to enter into an investment contract.

The Defendant, around October 14, 2015, at the office of the law firm K in the Jung-gu, Busan, the J and the 5th floor, as mentioned above, invested KRW 130 million in the Plaintiff, who met the victim and the victim, to operate the “I” only in the H as to operate the store immediately after the deposit of the investment amount. The deposit of the investment amount is soon possible. At the time of the deposit of the investment amount, at least 30% of the net income in the domestic store, shall be paid as the repayment of the investment principal, and the remainder of the net income shall be divided into two parts. The investment principal shall be repaid within 24 months. It is false to the effect that the “F store” currently operated within the Republic of Korea will be offered as a collateral, and the victim and the victim prepared an investment contract with the said content.

However, as at the time, the Defendant was not in a situation where the said “I” store could not immediately commence its business even after receiving the investment money, and was expected to use the investment money to use it in the above “F store management,” or to use it as expenses entering the original store of Busan L and Jin-si M, which the Defendant intends to newly open, and was also aware that the said “F store” could not be offered as security to other persons.

In addition, the Defendant was using money from the lending company because the said “F” store was difficult to manage, and the Defendant has sufficient funds.

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