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(영문) 수원지방법원 2018.01.31 2016고단2823
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is the representative of the (State) D, a trade company (State) that is imported from the Suwon-si Suwon District C.

1. From the end of December 2014, the Defendant made a false statement to the effect that “The victim E, who imports and sells the German AEG (AEG) products, would bring about 45% profit from the sale, and that an investment in this project would sufficiently reduce the amount of 5% profit per month.”

However, in fact, from May 2014, the Defendant was carrying the enemy amounting to KRW 100 million per month, and around December 2014, the Defendant was liable for the debt amounting to KRW 7-8 billion. In the situation where the enemy continues to exist, a contract with F that imports the said AEG’s virtue products was reversed, and the Defendant did not have the intent or ability to import the AEG’s virtue products, and was thought to use the said investment money under the pretext of repayment, etc.

Nevertheless, the Defendant deceptioned the victim as such, and acquired the money from the victim to the above account on December 29, 2014 by remitting the amount of KRW 50 million to the Korean bank account of the Defendant for the purpose of investment, and around February 3, 2015, KRW 50 million to the above account.

2. Around February 27, 2015, the Defendant made a false statement to the effect that, “In the mutual influent car page in Yangcheon-gu Seoul Metropolitan Government, the Defendant made an investment to the victim, “(State) kiston stocks,” and “at least twice profits are verified, making an investment,” within a few months.

However, even if the defendant receives money from the damaged person as the source of investment in shares, he did not intend or have ability to make profits by making investments in the shares, as in Paragraph 1, only he thought that he would use the above investment money due to an urgent debt and employee's benefits in the continued situation of the company.

Nevertheless, the defendant deceivings the victim as such, and he received 50 million won from the victim to the Korean bank account of the defendant around February 27, 2015, from the victim, and acquired it by deceiving the victim.

3. The Defendant is Buddhist on March 20, 2015.

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