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(영문) 대구지방법원김천지원 2020.09.08 2020고단329

사기

Text

A defendant shall be punished by imprisonment for four years.

The defendant is an applicant for compensation with the amount of KRW 163 million which is obtained by deceit to B who is the applicant for compensation.

Reasons

Punishment of the crime

[20 large group329] Around October 2018, the Defendant: (a) with the introduction of a branch person around October 2018, the Defendant was willing to borrow money from the victim B (Nam and 39 years of age) to the effect that “the inside house has a considerable financial power; and (b) investment ability is very good; and (c) to make a big profit from investing in a futures product; and (d) to borrow money from the victim for his own financial power and investment ability and to use it for personal purposes.”

1. Around October 2018, the Defendant made a false statement to the effect that “If the Defendant lends money necessary for the overseas futures option investment business to the victim, he/she shall pay interest at 2% of the monthly interest, which is the statutory maximum interest, and shall pay the principal three months later.”

However, the Defendant had a debt of KRW 00 million at the time, planned to use personal debt repayment, loan repayment, credit card payment, living expenses, etc. from the victim, and had been incurred as a result of continuous stock investment failure. Even if profits accrued from partial stock investment, it was immediately transferred to another person’s account in the name of the victim, and there was no particular property or income, so even if it was borrowed from the victim, there was no intention or ability to repay the debt.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 120 million from the victim, including KRW 30 million around November 2, 2018, and KRW 90 million around November 6, 2018.

2. Around November 2018, the Defendant committed a crime: (a) around November 2018, the Defendant called the victim at the office located in the Seoul Jung-gu Seoul Central District Office to call out the amount of money from the account to which he had already been in management; and (b) the Defendant was unable to get the money from the account to get the money from the account. If he/she fails to pay money to the customer, the damage in the unit of detention, such as

3. Money;