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(영문) 수원지방법원 안양지원 2020.06.18 2019고단2626

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant had been in a relationship with the victim B from January 201 to October 2013, and had been working as a proxy class in D by graduating the Buddhist Department of C University, while working as a proxy class in D.

1. Around June 2011, the Defendant at the name of the investment fund: (a) at a restaurant in which the trade name in Jongno-gu Seoul Metropolitan Government’s resignation is unknown; (b) the Defendant stated to the effect that the Defendant would return the profits of at least 10% per annum by investing in the victim when he/she is in charge of any money in good faith in managing the personal assets.

However, the Defendant did not work in D, and did not hold any qualification certificate related to the management of financial assets, and was individually investing in stocks, and did not return the profits of at least 10% per annum as agreed upon by the victim or did not have the intent and ability to manage the financial assets of the victim normally.

Nevertheless, the Defendant, as seen above, made a false statement to the victim, and received 20 million won from the victim to the E account (F) under the name of the Defendant on June 15, 2011.

The Defendant, not later than August 30, 2013, as shown in the attached Table 1 of the Crimes List 2013, by deceiving the victim, and was issued by the victim totaling KRW 24,1980,3495 as investment money over 57 times.

2. On October 2013, the Defendant entered into a false loan loan fraud under the name of brain cancer treatment expenses, with the victim’s at an infinite place, and demanded the victim to repay the existing investment funds, “I will be treated in Germany, suffering from brain cancer. If the Defendant borrowed medical expenses, I will be reimbursed with the existing investment funds.”

However, in fact, the defendant did not suffer from cancer and was planned to repay the personal debt of the defendant by lending money from the victim, and did not have the intent and ability to repay the borrowed money together with the existing investment money.