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(영문) 서울북부지방법원 2019.01.11 2018고단2922

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to a suspended sentence of three years on September 3, 2015 at the Seoul Central District Court for criminal fraud.

1. Fraud against the victim B;

A. In March 2014, the Defendant stated, “The Defendant, at a restaurant where it is difficult to know the trade name in the upper francdong in Seoul, Jung-gu, Seoul, the Defendant: “NPL (the method of investment to purchase non-performing loans and to acquire profits from a financial institution with a mortgage). At present, the Defendant may obtain high-profit profits from the victim.” (b) The Defendant said, “I will pay back the investment amount within one month and pay 5% interest on the investment amount.”

However, in fact, the defendant thought that he would use the money received from the victim as the defendant's stock investment fund, but did not have the intent to invest in the NPL, so even if he received the money from the victim, he did not have the intent or ability to pay the principal and the profit within the agreed time limit.

Around March 14, 2014, the Defendant, who made such a false statement to the victim, received 30 million won from the victim to C’s account in the name of the Defendant and acquired it by fraud.

B. In May 2014, the Defendant stated that “NPL has any more good thing at present with respect to the NPL,” and that “The State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State and the State will pay 12% interest.”

However, the defendant thought that the amount received from the victim was lent to the beneficiary at the time, and there was no intention to invest in the NPL, so even if the amount was received from the victim, there was no intention or ability to pay the principal and the profit within the agreed time limit.

Around May 20, 2014, the Defendant made a false statement to the victim, and around May 20, 2014, from the victim, 10 million won with C’s account under the name of the Defendant.