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(영문) 수원지방법원 여주지원 2014.09.01 2014고단240

사기

Text

A defendant shall be punished by imprisonment for two years.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

around February 28, 2008, the Defendant made a false statement to the effect that “The Defendant shall make an investment in the alcohol house located in the L hotel” to the said victim at the victim K’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul. However, if the Defendant invested KRW 50,00,000,000, there may remain a profit of approximately KRW 20,000,000 per year. In the event of an investment, the Defendant would return the said profit with the principal attached one year thereafter.”

However, as stated above, the Defendant did not have the intent or ability to make an investment in the alcohol house located in a L hotel, and there was no intention or ability to return the principal to the victim with profits added to the principal as the victim did not have any particular assets or profits in excess of the debt.

The Defendant, by deceiving the victim as above, received KRW 3,595,00 from the Defendant’s agricultural bank account through the Defendant’s agricultural bank account on the same day, and received KRW 74,400,000 in total for nine times from around that time to December 15, 2008, as shown in attached Table 1.

"2014 Highest 243"

1. The Defendant, even though he was in a bad credit standing due to credit card payment liabilities, etc. with which he was operating credit business, was charged, was willing to obtain money from female job-friendly victims D and his women in order to raise funds to be used for private sports discussions gambling.

At the end of August, 2011, the Defendant, at the victim’s house located in M 402, Dongjak-gu Seoul Metropolitan Government M 402, made a legitimate credit business by lending monthly rent deposit and receiving interest. The principal is guaranteed due to the conclusion of a monthly rent contract. Since the Defendant entered into a monthly rent contract, 2% of the investment amount is reduced to interest rate, the Defendant returned the rent that is currently living at this point to the next month and invested the pre-tax fund.”

However, in fact, the Defendant was in bad credit standing due to a debt equivalent to 50 million won, such as credit card payment obligations.