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(영문) 인천지방법원 2019.08.28 2019고단571

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The victim B is the friendship of C, which is the defendant's wife, and the victim D and E became aware of the defendant's investment introduction as the relative or branch of the victim B.

1. Around November 2016, the Defendant against the victim D made a false statement to the victim through B at the Kafbook located in the U.S. child located in Gangnam-gu Seoul Metropolitan Government, stating, “The victim will pay 2% monthly profits, and the principal will be returned after three months if the request for return was made at any time.”

However, in fact, the Defendant had almost never been punished for credit business at the time, and there had been no significant collateral for real estate in the name of the Defendant, and there had been no other assets for which a large amount of collateral was established, and there had been a debt equivalent to KRW 1.5 billion from many creditors other than the victims, and even if the victims borrowed money from the victims, it was thought that they would be used to pay the victims and other creditors the proceeds, and there was no intention or ability to pay the principal to the victims with a normal investment return.

On November 10, 2016, the Defendant, by deceiving the victim as such, received 50 million won from the victim to the F bank account under the name of the Defendant and acquired it by fraud.

2. Around June 2017, the criminal defendant against the victim B made a false statement to the victim’s “I wish to make an investment in the company related to Alley-gu Seoul, Gangnam-gu, Seoul. If I make an investment of KRW 100 million to B, I will pay the proceeds of 2.5% per month, and the principal will be returned after three months.”

However, in fact, the defendant had little income from credit business at the time, and there had been no specific assets, such as that large amount of security was established for real estate under the name of the defendant, and there had been no value remaining.