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(영문) 수원지방법원 안산지원 2013.07.19 2013고단861

사기

Text

A defendant shall be punished by imprisonment for two years.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victims as an auction investment deposit, it was thought that the Defendant did not actually make an investment in the auction and paid the insurance premium to the customers who subscribed to the insurance, or lent it to other persons, and there was no particular property or income from the Defendant’s ownership, and there was little possibility that the Defendant would have been repaid the bonds from the persons who lent the above money, and therefore there was no intention or ability to fully repay

1. Nevertheless, on May 1, 2010, the Defendant: (a) made a false statement to the effect that “25,00,000 won shall be paid 50,000 won as interest per month and shall be repaid at any time, if necessary, at any time when the borrowed principal is paid; and (b) obtained KRW 25,00,000 from the victim as a loan deposit account in the name of the Defendant in the name of the bank account in the name of the Defendant on the five occasions of June 1, 2010; and (c) obtained the money from the victim.

2. On January 6, 201, the Defendant, against the victim C, made a false statement to the victim C’s house located in the Gu G building 101 and 101 during Ansan-si, stating that “If he/she lends money to an auction investment, he/she shall pay the interest on the third part of each month, and shall repay the borrowed principal without any mold after one month,” and he/she received 5,000,000 won from the victim to the bank account in the name of the Defendant in the name of the Republic of Korea in the same day as indicated in the attached Table of Punishment (1), such as receiving 5,00,000 won from the victim to the deposit account in the name of the Defendant, etc. < Amended by Presidential Decree No. 23293, Jan. 6, 2011; Presidential Decree No. 23200, Apr. 30, 2012>

3. On February 1, 2011, the Defendant against the victim D makes a false statement to the victim D that “if he/she lends money to an auction investment, he/she shall pay the interest on the third part of each month, and shall repay the borrowed principal without compensation until August 201, 201,” and that it belongs to the victim 40,000 as the same date of loan from the victim.