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(영문) 수원지방법원 안양지원 2015.11.06 2015고단305

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 17, 2011, the Defendant was sentenced to eight months of imprisonment for violating the Petroleum and Petroleum Substitute Fuel Business Act at the Seoul Central District Court on March 7, 2011, and completed the execution of the sentence.

1. On October 2013, the Defendant, under the name of investment, stated that the Defendant would guarantee the victim C a higher profit than the bank once every 5% of the principal and the principal will be guaranteed when he/she invests money in the Republic of Korea (i.e., one thing (i., one thing) to lend money in the Republic of Korea (i.e., one thing) to the victim C., one thing (ii. one thing).

However, in fact, the defendant used some of the money received as investment from the victim for personal purposes, such as living expenses, etc., and thought that some of the money was paid to the stuffed by the gambling place without any device for securing the collection of the loan such as the creation of a security, etc., and thus, it was not clear that the principal was recovered, so there was no intention or ability to regularly pay the victim a profit higher than the bank or guarantee the collection of the principal.

On October 20, 2013, the Defendant, by deceiving the victim, received KRW 15 million from the victim, via a new bank account (Account Number D) in the name of the Defendant.

The Defendant, including that, from around that time to December 2, 2013, set forth the list of crimes in attached Form 4.

1. to 1.

5. receives a total of KRW 150,000,000,000 in five occasions as described.

2. On December 23, 2013, the Defendant borrowed the money from the borrowed name, saying, “The Defendant would immediately repay the money that he would need to pay to the victim, by posting a telephone at the French land.”

However, in fact, the defendant did not have the intent or ability to repay even if he borrowed money from the victim due to the absence of any special income, the amount of the obligation, including the unpaid tax liability of KRW 150 million at the time.

The defendant deceivings the victim as such, and is under the name of the defendant on the same day from the victim.