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(영문) 제주지방법원 2014.12.12 2014고단1280

사기

Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than two months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to a suspended sentence of three years of imprisonment for fraud at the Jeju District Court, which became final and conclusive on December 20, 2013.

The Defendant, as a person with no certain occupation, was a bad credit holder due to the failure to pay the card price in around 2005, and there was no other property or income, as well as the fact that the Defendant received money from the other party, but continued to pay the said money, and thus, even if he received money from the other party under the pretext of stock investment, he was thought to use the money as an individual debt repayment, etc., and even if he did not intend to make full investments or make investments, he did not have any intent or ability to pay

1. On March 8, 2012, the defrauded of the Victim P made a false statement to the effect that “If the money to be invested in a gift is lent to a third party in one week, it shall be repaid within one week,” the Defendant received KRW 10 million from the victim’s new bank account from the victim on March 8, 2012, and the fact that the Defendant borrowed money from the third party on the said ground, despite having no intention or ability to repay it.”

2. On April 2013, 2013, the Defendant’s fraud against the Victim F at the House of the Victim F located in S, on the ground that the Defendant received investments from others for the foregoing reasons, despite the absence of the intent or ability to pay the principal and profits, the fact may be multiplied by the victim’s money if it is impracticable for a city to do so by three months. There was a lot of money to be invested by the city State. Prior to that time, the Defendant: (a) by means of a false statement to the effect that, for each hand, the Defendant provided the profits of investment; (b) the Defendant would return money by means of multiplying the amount of money by the amount of money.” (c) The Defendant received KRW 20 million from the victim on April 16, 2013.