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(영문) 서울중앙지방법원 2013.05.09 2013고단448

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 25, 2011, the Defendant made a false statement to the victim E and F that “In-house would have made an investment in futures option at the third floor D offices of the Gangnam-gu Seoul building, Seoul, the Defendant would pay 20% of the amount invested each month by making an investment in the futures option, and return the principal at any time within three days if the principal wishes to be returned.”

However, at the time, even if the defendant received money from the victims as investment money, he did not have the intention or ability to pay the amount equivalent to 20% of the amount invested every month as a profit and to guarantee the principal, and was merely intended to raise funds necessary for the horse in the light.

As above, the Defendant, by deceiving the victim E and F and received KRW 10 million from the victims, in total, from each of the five million investments around July 29, 201, as investment proceeds, around August 4, 2011, the Defendant respectively received KRW 5 million from the victim G around August 12, 201, KRW 5 million from the victim E and F, KRW 10 million from the victim E and F, and KRW 3 million from the victim H around August 26, 201, and around September 17, 2011, respectively. < Amended by Act No. 11008, Aug. 26, 2011; Act No. 11001, Sep. 17, 2011>

2. On November 16, 201, the Defendant, at the fourth floor office of the Dongjak-gu Seoul Metropolitan Government I building, made a false statement that the Defendant would repay money within one week because the Defendant would have lent KRW 2 million to the victim J.

However, at the time, the defendant had no intention or ability to repay money within one week even if he borrowed money from the victim, and was merely intended to raise funds necessary for the horse in the event of the horse.

As above, the Defendant, by deceiving the victim J, received from the victim, a sum of KRW 1 million around November 17, 201, and KRW 1 million around November 18, 201, and acquired by defrauding it.

3. The Defendant is a male Dong at the time of stay on February 11, 2012.