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(영문) 서울중앙지방법원 2016.11.09 2016고단154

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【2016 Highest 154 【The Defendant was operating with H, a school member of the Seocho-gu Seoul Metropolitan Government E-building 402, which was operating with H, without any property, was in a situation in which there was an income from attracting family students. At the time, there was no smooth progress in attracting female students, and there was a situation in which the attracting of female students was in charge of raising business expenses by receiving investment money, and thus, even if there was no intent or ability to repay money from others when borrowing money from others, it can be immediately repaid due to the lack of funds to raise the money, and accordingly, the Defendant was willing to receive money by deceiving others as aground.

1. On December 2010, the Defendant made a false statement to the F Co., Ltd. in the F Co., Ltd., that “The Defendant would refund the amount of KRW 70 million per annum to the victim I under the pretext of “G” office lease deposit, rent, etc., which is the cause of the study in Australia. Although there is no security, it may lead to an annual profit of KRW 2 billion per annum if he/she had sexual intercourse with the study in Australia of the group of students. In short, he/she may make a false statement to the effect that he/she would refund the principal at any time on the face of 2 to 3 months, and pay monthly interest calculated at the rate of KRW 15 per annum.”

As such, the Defendant, by deceiving the victim, was transferred from the victim to the bank account under the name of H KRW 70 million around December 23, 2010.

2. On March 2011, the Defendant made a false statement that “The Defendant is attracting the students who sent to the Hoju University to the Hoju University, and the amount of KRW 30 million is urgently needed to send them to a foreign country. At this time, 15% interest per annum shall be paid, and it shall be repaid with KRW 70 million,000,000,000 prior to the loan of the money only two to three months prior to the start of the week. Moreover, the Defendant would thereafter pay the money for the lending of money when it is difficult to implement the project.”

The Defendant is identical to this.