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(영문) 서울중앙지방법원 2016.06.15 2015고단6788

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 201, the Defendant was working for a dance institute located in the newly established dong as a dance instructor, and became aware of the victim D (V, 54 years old) around August 201, and became aware of the fact that he had been working as a dance institute.

The Defendant, on September 26, 201, intended to move the king of a dance institute to the victim in the F dancing Institutes located in Jongno-gu Seoul, Jongno-gu.

In the case of lending KRW 10,000,000 to the private teaching institute, the private teaching institute will be paid six months later, and the interest on every share will be paid.

However, the defendant was expected to use the above money for living expenses, and the operation of dance institutes was also in a imprudent situation, and there was no intention or ability to repay the money even if it was borrowed from the damaged party due to the lack of property or particular income.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of KRW 10 million on September 27, 201, KRW 10 million on October 1, 201, KRW 10 million on October 25, 201, and KRW 21 million on October 25, 201; and (c) acquired the total amount of KRW 21 million on three occasions on September 25, 201.

2. On March 31, 2012, the Defendant may earn a high profit from foreign exchange transactions with the victim on March 31, 2012.

The Court decided that the loan of KRW 35 million will be returned to 10 times on the face of 35 million.

However, the defendant did not have any specific plan or examination on foreign exchange transactions, and even if he did not receive money under the above name from the injured party, he did not have any intention or ability to return the above money.

Nevertheless, the Defendant, as seen above, received a total of KRW 35 million, including KRW 20 million on April 3, 2012, and KRW 5 million on May 2, 2012, from the victim who caused such false statement to the victim, and acquired it by remittance.

3. The Defendant, on September 27, 2014, demanded the victim to make an investment in connection with the fund-related business at the Mobel in Songpa-gu Seoul, Songpa-gu, Seoul. However, the victim was the victim.