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(영문) 서울중앙지방법원 2020.01.14 2018고단2848 (1)

사기등

Text

Imprisonment with prison labor for four months and for the remaining crimes against the first offense of the 2018 Highest 366 case, which is decided by the defendant.

Reasons

Punishment of the crime

"2018 Highest 2848"

1. On December 2015, the criminal defendant against the victim B made a false statement to the effect that “I would lend money to the victim as security and receive high interest on the payment of money, but I would pay interest of KRW 1,00,000 won per month and repay the principal around June 2016 if I would make an investment to be paid.”

However, in fact, even if the victim received money from the victim for the purpose of investment, he was thought to be used individually, such as the defendant's debt repayment and living expenses, and was in excess of his obligation, such as not paying debt, etc. to C, and there was no particular income or property, so there was no intention or ability to pay the principal and interest as agreed upon by the victim.

Around December 7, 2015, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the company bank account under the name of the Defendant and acquired it by fraud.

2. On February 24, 2016, the Defendant against the victim D made a false statement to the effect that “Around February 24, 2016, the Defendant would lend money to the victim with a vehicle and brate as collateral, and at the same time, he would pay half of the interest of 10 parts of the interest that he/she received in the face of the investment, and make repayment of the principal until June 2016, because he/she is taking advantage of the 1st price of the brink as collateral.”

However, even if the victim receives money from the victim as investment money, it was thought that he/she will be used individually, such as the defendant's debt repayment and living expenses, and there was no intention or ability to pay the victim the principal or interest in accordance with the agreement as stated in the preceding paragraph.

As such, the Defendant, by deceiving the victim, received KRW 7 million from the victim to the E bank account in the name of the Defendant around February 24, 2016.

In addition, from that time until July 25, 2016, the Defendant’s list of crimes 1.