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(영문) 서울중앙지방법원 2016.07.20 2014고단3451

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 3451"

1. On July 23, 2012, Defendant A conspiredd the victim K with the Defendant’s office located in Seoul LA and purchased M& shares with the Defendant’s 47,500 shares as security. The price of M& shares decreased due to the decline in the price of the shares. Defendant attempted to use the amount for personal purposes, such as living expenses, even if the victim received interest on the purchase price of shares from the victim, even though he did not have the intent or ability to pay the victim interest on the purchase price of shares, Defendant A did not have the intent or ability to pay the victim the interest on the purchase price of shares. Defendant A purchased the victim’s shares by deceiving the victim from the Defendant’s office located in Seoul LA to “the payment of interest on the purchase price of shares shall be made to the previous share,” and the victim received KRW 1,500,000 as interest on the purchase price of shares from the damaged party to 00,000 won to 10,0000 won through 14, 129 through 214,21.

2. Defendant A’s crime of fraud against Defendant A’s victimO is committed at the same place as that set forth in paragraph (1) around November 5, 2012, and phone call from P, and “A is difficult to do so due to the given circumstances of the company, 6% interest per month on a loan of KRW 20 million, and 10 days shall be paid.

“P” means “P delivered this to the victimO.”

However, the defendant used the above borrowed money as personal living expenses, and even if he borrowed money from the damaged party due to the debt amounting to KRW 1.4 billion at the time, he did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above, and 20,000,000 won to the defendant's agricultural bank account on November 6, 2012 from the victim who is affiliated therewith, shall be 30,000 won to the same account around November 16, 2012.