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(영문) 춘천지방법원 영월지원 2014.01.21 2013고단417
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On September 28, 2012, the Defendant stated that “C” golf membership sales offices located in Hongcheon-gun B of Gangseowon that “A” made an investment of KRW 12,500,000,000,000,000,000,000,000,000,000 in each of the sales offices of golf membership in E, and purchased skiing equipment, and jointly operated the skiing lending store. The Defendant stated that “The Defendant would transfer KRW 5 million from the president of the E, to the down payment.”

However, in fact, the Defendant was unable to prepare investment funds because the financial situation was not good due to the overdue payment of credit card payments, and even if he was willing to use the money as the overdue credit card price, so even if he was paid the down payment from the victim, he did not have the intent or ability to purchase the middle and skiing.

The defendant, by deceiving the victim as such, received 5 million won from the victim as a down payment and acquired it by fraud.

2. From November 30, 2012, at the same place as before and after November 30, 2012, the Defendant concluded that “I would purchase a skiing resort in the amount of KRW 100,000,000 from each party’s investment of KRW 50,000,000, and would purchase a skiing resort from the skiing lending store.”

However, even if the defendant received investment from the victim, he thought that he would use it as restaurant acceptance and operation funds, living expenses, etc., so he did not intend or have ability to purchase and sell the skiing voucher as above.

As such, the Defendant, by deceiving the victim, received money from the victim, i.e., KRW 35 million from the victim, i.e., the sum of KRW 10 million from the victim’s seat, and KRW 45 million from December 11, 2012, and acquired it as the price for purchasing skiing rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement made to D by the police;

1. A complaint;

1. Investigation reports (E counterpart investigation).

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