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(영문) 서울북부지방법원 2015.01.30 2014고단2600

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud;

A. From August 28, 2009 to January 12, 2010, the Defendant made a false statement to the Korean bank located in Gangnam-gu Seoul Northerndong on August 28, 2009, that “A victim C entered KRW 40 million in money in the D business operated by his/her natives. Pursuant to what he/she borrowed money to his/her author only for one year, he/she will pay interest on three copies per month.”

However, the Defendant did not have invested in the above business at all at the time, and the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim because the obligation of financial rights was approximately KRW 45 million.

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the national bank account under the name of the Defendant for the same day on October 19, 2009, KRW 15 million from the new bank account under the name of the Defendant on October 12, 201, and KRW 5 million from the non-performing bank account under the name of the Defendant on January 12, 2010.

B. From June 28, 2010 to January 31, 2011, the Defendant made a false statement on June 28, 2010 that “The Defendant shall be liable for the formation of Non’s lag’s lag design at a F restaurant near Dobong-gu Seoul, Seoul, and that “The Defendant shall be liable for the damages incurred therefrom.” On the same part of the fire and interest life, the Defendant made a false statement to the Defendant that “The premium will be deducted from the Defendant’s lag’s lag’s lag insurance.”

However, in fact, the Defendant did not have any specific property or income at the time, and there was a considerable amount of KRW 45 million in financial rights, so even if he received money from the victim, he thought that he would invest in his own name or use it as living expenses, etc., and there was no intention or ability to buy high-profit fund insurance for the victim.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the account under the name of the Defendant for the same day as the insurance premium, etc. on the same day, and received a total of KRW 43 million from the above date and time to January 31, 201, as shown in the attached crime list, from the above time and time to January 31, 201.