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(영문) 부산지방법원 2012.10.16 2012고단6322

사기

Text

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

Reasons

Punishment of the crime

The Defendant, “2012 Highest 6322,” which had a legal basis in Busan and Seoul, had revenue from gambling, but had been generated at KRW 100 million and made it difficult to live due to a lot of expenditure, led to the acquisition of money by soliciting investment in gold or gold funds, etc., which are not against believers, to acquire money.

1. On October 20, 2009, the Defendant committed the crime against the victim C, stating that “The victim is well aware of the purchaser of gold, 50,000 won per month, and 3 million won per month when investing 100,000,000 won per month,” to the victim at a mutually unstable coffee store near the residence of the victim C, which is located in the branch of the Gyeonggi-gu Seoul Metropolitan City.”

However, the defendant did not know of the purchaser of gold, but did not make a false statement to lend money, and even if he received an investment from the victim, he did not have the intent or ability to pay the profit.

The Defendant, on October 22, 2009, received 50 million won from the victim for the purpose of investment in the purchase of gold bullion from the victim, and acquired money by remitting 350,000 won in total over 20 times from around that time to January 6, 2012, such as the list of crimes (1).

2. Around December 20, 2011, the Defendant stated that “A victim E who borrowed KRW 50 million to the victim” from the victim E’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, would repay the victim with no molded until January 31, 2012.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

On January 6, 2012, the Defendant received a remittance of KRW 50 million from the victim as the borrowed money on the same day and acquired KRW 55 million in total on two occasions, such as receiving KRW 5 million in the name of the transfer cost per law, from the victim.

3. On March 26, 2011, the Defendant committed a crime against Victim G is running by the Defendant who was an apartment of 101 Dong 2804, Busan Jin-gu, Busan.