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(영문) 의정부지방법원 고양지원 2018.10.12 2017고단3865

사기

Text

A defendant shall be punished by imprisonment for one year.

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 September 2010, the Defendant was introduced to D’s sexually friendly victim E through D through which he/she was aware of the fraud in the dog page.

On May 2010, the Defendant concluded that, “Around May 2010, the Defendant made a false statement to the victim that “Around May 2, 2010, the president of the private teaching institute in Korea makes an investment in China by making an investment in real estate in the Chinese territory through the president, and there has not been any problem once, that the Defendant made an investment of KRW 80,000,000,000, the principal will be guaranteed, and the principal will be repaid after one year, and the principal will be paid 2% interest per month for each year.”

However, in fact, the Defendant did not have any plan to make investments in cash from the injured party in terms of living expenses, entertainment expenses, etc., and there was no intention or ability to repay the said investment due to the lack of income or assets.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the victim on September 21, 2010; (c) KRW 45 million on September 27, 2010; and (d) KRW 10 million on September 28, 2010 from the Defendant’s agricultural bank account in the name of the Defendant; (d) received KRW 5 million in cash from the victim on September 21, 2010; and (e) received KRW 80 million on four occasions in total after receiving KRW 5 million from the victim on September 28, 2010.

2. On July 2013, the Defendant received the introduction of F’s male-child arrest victim C through F, which was known to the Defendant in the peta page by chance.

The Defendant, at around July 2013, at the Defendant’s residence located in Suwon-si G, “The Defendant is entitled to the repayment of 20 million won out of the amount invested by the president of a private teaching institute in Korea, with maturity of 3.3% of the amount invested, and the amount of the investment may be paid 7% fixed profits each month, and the amount of the additional investment may be recovered at any time if it comes to the end of 3 months, and the principal shall not be recovered at any time, and the amount of KRW 20 million shall not be recovered to the president of a private teaching institute if it is paid to the president of a private teaching institute.”