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(영문) 수원지방법원 2019.02.14 2018고단4978

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

[criminal power] On July 4, 2018, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Suwon District Court, and the judgment became final and conclusive on the 12th of the same month.

【Criminal Facts】

1. On January 2015, the Defendant made a false statement to the effect that “The Defendant would make an investment in the company’s bills to the victim B, who was known to the general public, shall pay in installments the principal and interest calculated by 10% per annum from March 2015 to 24 months from March 2015.”

However, at that time, the Defendant did not make an investment in the company’s bills, and was liable for the total amount of KRW 450 million to the financial institutions, loan companies, and their neighbors. Even if receiving money from the victim, the Defendant thought to use the money as the Defendant’s repayment of the Defendant’s debt, etc., so the Defendant did not have any intent or ability to repay the said principal and interest to the victim.

Around February 2, 2015, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim through a bank account in the name of the Defendant under the name of the Defendant for the purpose of investing in the company’s bills.

2. On February 2, 2015, the Defendant made a false statement to the effect that, in a restaurant in the mutual influenite location, “D apartment is in the state of selling it, and if it is invested in the above apartment, it may receive considerable profits from the said apartment.” However, if the Defendant would pay KRW 100,000,000, which is the amount equivalent to the purchase price of the apartment bonds, to resell it, thereby causing a premium to be raised, or making it possible to make the said victim gain profits by setting up the monthly rent later.”

However, in fact, even if the sale price of the above apartment bond 1 is added to the premium cost, it is not equivalent to about 35 million won, and in order to raise the money to be used as the name of the defendant's debt repayment, etc., the purchase price is equivalent to 100 million won.