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(영문) 서울동부지방법원 2014.11.18 2014고단2641

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On May 22, 2008, the Defendant made a false statement to the victim in a coffee shop where the trade name in the Seongdong-gu Seoul Metropolitan Government Sungdong is unknown, “B is a certified public accountant and a certified tax accountant. If he/she lends money to E engaged in the bond business, he/she may lend money to E with the three-month interest per month.”

However, in fact, the defendant was not a certified public accountant or a certified tax accountant, and the defendant did not have the intention or ability to repay the debt even if he/she borrowed money from the victim because he/she has paid his/her debt and living expenses in the form of so-called return due to a lot of debt and living expenses compared to the monthly wage paid by

The Defendant received KRW 20 million from the victim to the Defendant’s corporate bank account on the same day on the same day.

By the same method, the Defendant received from the victim the amount of KRW 15 million on June 27, 2008, KRW 16 million on December 15, 2008, KRW 15 million on February 5, 2009, KRW 5 million on February 5, 2012, KRW 5 million on February 16, 2012, and KRW 1.8 million on February 28, 2012, respectively, from the said company bank account. On June 28, 2012, the Defendant received remittance of KRW 1.8 million on a new bank account in the name of F, the Defendant’s wife.

Accordingly, the defendant was given a total of KRW 77.8 million by deceiving the victim.

B. On September 7, 2011, the Defendant made a false statement to the victim G, stating that “If he/she lends money to the victim who borrowed dumping goods, he/she may receive a high interest from the victim. If he/she lends KRW 10 million to the victim, he/she will return it after one month on a three-month basis.”

However, the facts did not have the intent or ability to repay the borrowed money from the victim for the same reasons as the above paragraph (a).

The defendant received 10 million won from the victim to the above corporate bank account of the defendant under the name of the same day.

(2) The Defendant is on September 26, 201.