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(영문) 서울중앙지방법원 2017.02.09 2016고단8585

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

In the late 1990s, the defendant became aware of the victim E who worked in the D Auditor's office while serving as a C director, and has been able to do so even after retirement.

around April 14, 2010, the Defendant is a stock investment expert who has made stocks for a long time in the restaurant located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

At present, a stock investment method developed in Korea has invested more than 300% per annum.

The principal shall be repaid one year after the loan of money to B, and the interest shall be paid by 20% per annum in six months.

At present, the house is located in the house located in the pressure-gu, there are two houses located in the pressure-gu, two houses located in the name of the wife, and two houses located in the name of the wife, and the land is also land, which makes a false statement about the principal.

However, in fact, the Defendant failed to pay the profits to the existing investors due to the relationship with which the return on investment in stocks was not good at the time, and paid the profits to the existing investors by the so-called return method, such as receiving investments from the priority investors or receiving loans from the former investors, etc. Therefore, the Defendant thought that most of the funds borrowed from the victims were used in the payment of profits to the existing investors, repayment of personal debts, monthly rent of the Defendant’s residence, credit card payment, living expenses, etc., and thus, there was no intention or ability to pay interest remaining after investing in stocks even if he borrowed money from the damaged party, and there was no intention or ability to return the principal because there was no property or income other than KRW 100 million in the Defendant’s residence lease deposit.

As above, the Defendant, by deceiving the victim, received KRW 10 million on the same day from the victim to the Defendant’s bank account in the name of the Defendant, and, from that time, received a total of KRW 471 million through 15 times from that time to June 3, 2014, such as the list of crimes in the attached Table.