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(영문) 서울북부지방법원 2014.11.20 2014고단2701

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around January 2010, the defrauded recommended the Victim C to have the Kwikset Service Employees to engage in credit business, and the victim raised loan funds, and the Defendant shared the role of lending and collecting the above funds.

The Defendant made a false statement to the effect that, on the ground of a virtual loan applicant, the Defendant acquired money from the victim as a loan fund by acquiring money from the victim as a loan, or acquired the difference by infusing the amount actually borrowed, and that, on January 201, the Defendant “on the other hand, there is a person wishing to borrow 1790,000 won, because there is a person wishing to borrow.”

However, among the facts, the defendant used only 1.320,000 won for loan and has a plan to use the remainder as living expenses, etc.

As above, the Defendant got a false statement from the victim to the bank account (D) in the name of the Defendant and the national bank account (F) in the name of the Defendant’s wife E used by the Defendant, and acquired KRW 1.322,000 from the victim for loan and acquired the difference of KRW 470,000.

In addition, from that time until February 12, 2014, the Defendant: (a) by deceiving a victim as if he/she would lend money or lend money to a person who wishes to borrow a virtual loan by the foregoing method; and (b) by inducing the victim to transfer KRW 1,116,629,490 from the victim; and (c) used KRW 920,56,620 for the loan, and acquired the difference of KRW 214,062,870.

2. Around January 2013, the Defendant was in breach of trust organized and operated a limit of KRW 1 million per unit, KRW 14, and KRW 14,00,000,000 per unit.

Since the Defendant received all fraternity payments from the members of the fraternity around February 25, 2014, the Defendant had a duty to pay KRW 14 million to the victim C, who is a person entitled to receive the fraternity payments of KRW 14 million and the interest rate of KRW 14.95 million.

Nevertheless, the defendant does not pay the above 14.95 million won to the victim in violation of the above duties and does not pay the defendant's living expenses.