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(영문) 대구지방법원 2017.04.13 2016고단5698
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who operated a three agency located in Daegu mid-gu B.

1. The Defendant held office as Vice-Speaker of the Victim E located in the Daegu Suwon-gu, Daegu-gu, on May 7, 2014

At the F Vice-office, “The Victim has been dumped in the C head office, which would bring a large amount of profit to 2-3 months when making an investment of 100 million won, and would pay 50% of the dumped sales profit to the Victim.

“A false statement” was made.

However, at the time, the Defendant had a debt owed to an individual and a financial institution KRW 40 to 5 billion, and C head office did not have sold any other month of dumping. The Defendant was thought to use the investment funds received from the victim only for the repayment of other monthly payments to C head office and repayment of the said individual debt, and thus, there was no intent or ability to pay the victim the profit for the investment in the sales of the other month of dumping to the victim.

The Defendant, as such, deceiving the victim and deceiving him/her from the victim, to the corporate bank account (Account Number: G) in the name of the Defendant, to KRW 50 million on the same day, and the same month.

9. The 42 million won and the 800 million won on the 15th of the same month were remitted and acquired respectively.

2. On May 26, 2016, the Defendant may see the victim’s benefit in the above place, “The land in the door where the achievement field is located in the market site, and the down payment is necessary, and the down payment necessary to purchase this land is invested in KRW 50,000,000,000 for the future.”

The phrase “ makes a false statement.”

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to pay the profit for the purchase of the above land to the victim after purchasing the land in the above part of the issue of achievement, since the Defendant, as at the time, had an obligation to the individuals and financial institutions about KRW 40-5 billion, and was thought to use the investment money received from the damaged person in repayment of the said individual’s obligation.

The defendant deceivings the victim as such, and is on the same day from the victim.

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