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(영문) 창원지방법원 2017.09.21 2017고단1790

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 1790"

1. Fraud;

A. On May 6, 2015, the Defendant who committed the crime against the victim D shall receive the interest from the victim D with the loan from the victim D to the Changwon who borrowed the money to perform his/her bonds in Korea (around 17-18% per month) and shall pay the interest of the party 10% per month and the principal six months after the payment of the interest.

“The purpose of “ was to make a false statement.”

However, at the time, the defendant had a debt equivalent to KRW 280,000,000, and did not perform corporate bonds, and even if he borrowed money from the injured party, he was thought to be used for the purpose of repaying the above debt and living expenses, and there was no intention or ability to repay the interest and principal to the injured party as agreed.

As above, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim to the corporate bank account (F) in the name of the Defendant on the same day from the victim; and (c) obtained money from the victim; (b) obtained money from the victim; and (c) obtained money totaling KRW 39,800,000 from December 25, 2015, such as the victim DNA, from December 25, 2015.

B. The Defendant committing the crime against the victim G refers to the victim G that “if an investment is made by the Defendant, he/she may receive interest as described in the above A.” from D around June 2015, the Defendant would pay interest at the rate of 10% per month if he/she lends bond funds to the victim G.

The principal shall be repaid six months after the payment.

“The purpose of “ was to make a false statement.”

However, even if the Defendant received money from the injured party with a large debt as above, he did not intend or have the ability to pay the interest and principal normally, even if he did not wish to prevent the return of interest and living expenses on the money invested in the past.

The defendant deceivings the victim as above and caused the victim to transfer KRW 5,00,000 to the account of the Suhyup Bank on July 2, 2015, from the victim, and received them again from D to the account under the name of the defendant.