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(영문) 광주지방법원 2013.09.26 2013고단1148

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 2, 2011, the Defendant committed the crime against the Victim K: “Around February 2, 2011, the Defendant received from the Victim K the amount of KRW 10 million (10 million) and KRW 4 million (4 million) around March 3, 2011, on the ground that “The return of the principal invested in the fund that manages a smallest amount of punishment would be 80%, and the return of the principal invested in the fund is also guaranteed.”

However, the Defendant did not have been able to receive profits from the fund because the Defendant’s small sentence of punishment was not run by the fund, and thus, it could not be paid to the victim. Since the Defendant borrowed money rather than actually used for investment in the fund, but was used to repay the Defendant’s obligations, it was impossible from the beginning to guarantee the principal of the investment principal that the Defendant initially promised to pay or return the investment profits.

Accordingly, the defendant deceptioned the victim K and obtained a total of KRW 14 million from the victim and acquired it by fraud.

2. Crimes against victims L;

A. On March 201, 201, the Defendant had already been liable to a financial institution for a debt amounting to KRW 94 million, and in addition, there was a situation in which the Defendant borrowed money from an individual to a certain amount of KRW 200 million and borrowed money from several people to return the debt with the said money as an investment deposit, and thus, the Defendant did not have the ability to repay the principal and interest within the due date for which the principal and interest was normally promised to return the money from the surrounding persons, even if he/she borrowed money by promising the “short-term due date and interest”.

Nevertheless, from March 201 to May 201, 201, the Defendant stated to the effect that “The Defendant shall give interest to M during a month or within which he/she has repaid the funds,” and M shall have the intent to repay the funds.