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(영문) 서울서부지방법원 2017.05.18 2016고단1188

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, who had worked as an instructor of a private teaching institute or a foreign teaching institute, had been able to make an equity investment since 2007, and had a big loss and continued to make an equity investment by borrowing money from his family members and neighbors, or used money for living expenses, and had not been paid any money to repay the existing loan, etc. around 2010, he was able to borrow money from the faculty, etc. of the students who had been placed in the Defendant.

1. On April 1, 2010, the Defendant against the victim C and D made a false statement to the victim C to guarantee a high profit by making an investment in stocks through Fluscing, in the Defendant’s residence located in the Dong-dong building No. 104/1208 of the Dong-gu building No. 104/1208.

However, the Defendant’s “F” refers to the victim as a processed person, and the Defendant was thought to use the money received from the injured party for other purposes, such as the Defendant’s personal debt repayment, not the stock investment, and thus there was no intention or ability to pay the profits to the victim by making a stock investment.

Nevertheless, the Defendant, as if he could give high profits from stock investment to the victim, by deceiving the victim as above, and received KRW 7,700,000 from the victim’s post office account (G) under the name of the Defendant on April 1, 2010, and received KRW 112,450,000 in total from the victim and D on 23 occasions, as in the following method from March 16, 2010 to October 2, 2010, as in the attached Table Nos. 1 to 233, as in the list of crimes.

2. On November 24, 2010, the Defendant: (a) the Victim H and I was guilty of the fraud; (b) the victim’s residence in Eunpyeong-gu Seoul District Court (J), “The need to pay to the students of a private teaching institute now operated, is insufficient; and (c) the lease agreement between the officetel and the public room.