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(영문) 서울중앙지방법원 2014.01.07 2013고단4323

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was a person who was engaged in credit business. Since 2009, since the Defendant received interest from lending money or inviting investors to make investments in real estate provided by the borrower as collateral and the Defendant was operating credit business by means of receiving a certain amount of fees from the borrower. However, at around 2011, the funds borrowed from the borrower were not recovered from time to time, and the Plaintiff received a demand for changing the principal and interest from investors, and thus, the said funds were used to repay the principal and interest of other investors, and even if they received money from the victims for the purpose of making investments, they did not have the intent or ability to offer the investors as collateral.

1. The Defendant,

A. On March 201, Gangnam-gu Seoul building 3rd 1311, the Defendant reported a newspaper advertisement to invite investors in the “(State)D” operated by the Defendant, and falsely reported that the victim E, “I will provide real estate as security and pay interest of 1.5% per month if I lend 30 million won to the victim E,” and that it shall receive from the victim the remittance of KRW 15 million from the victim on or around the 8th of the same month;

B. From February 28, 2012 to the same place, the victim E would offer a security if he/she makes an additional investment in money when he/she demands the above victim E to provide a security for the high seas; and the same year from the victim’s 13 million won;

7. 12. Minority: 10 million won and the same year.

8. Around 17.17. Around 12.0 million won was remitted and acquired by fraud.

2. On September 1, 201 of the same year, the Defendant stated that “A victim F, who reported a newspaper advertisement at the same place and found it at the same place, would pay 2% interest per month when receiving money. When lending money to a debtor, he/she would offer real estate as security to the debtor,” and that it would be five million won from the victim around October 10, 201 and around November 4, 201 of the same month.