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(영문) 수원지방법원 평택지원 2014.09.25 2014고단619

사기등

Text

1. The defendant shall be punished by imprisonment for two years;

2. To confiscate evidence seized in subparagraphs 1 and 2;

Reasons

Punishment of the crime

[Criminal Power] On June 10, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on June 10, 2008, and completed the execution of the sentence in the Ansan Prison on October 20, 209.

【Criminal Facts】

1. Fraud against the victim C;

A. On October 201, 201, the Defendant, who committed a crime related to borrowed money under the name of corporate bonds investment, made a false statement to the Victim C stating that he would offer high profits if he/she has engaged in a loan business. However, even if he/she borrowed money as above, since more expenditure than revenue was accumulated and the financial situation has deteriorated, it did not have the intent or ability to repay the principal. Nevertheless, the Defendant deceiving the victim as above, and then acquired KRW 3 million from the victim to the national bank account in the name of the Defendant from November 4, 2011 to the national bank account in the name of the Defendant, and then acquired KRW 2 million from December 26, 201 to the sum of KRW 5 million.

B. On April 3, 2012, the Defendant, who committed the crime of borrowing money under the name of the studio rental, made a false statement to the victim stating that “I wish to rent studio and pay the proceeds therefrom.” However, as the financial situation has aggravated as stated in paragraph (1) of the same Article and plans to escape abroad after borrowing the said money, there was no intent or ability to repay the said money. Nevertheless, as seen above, the Defendant deceiving the victim, thereby deceiving the victim, and then deceiving the victim to the national bank account under the name of the Defendant from April 3, 2012 to the national bank account under the name of the Defendant, and 13 million won around the 12th of the same month, received a total of KRW 17 million from the victim as a loan.

2. On November 201, 201, the Defendant against the victim D’s fraud, at the “F convenience store operated by the Defendant located in Pyeongtaek-si in Gyeonggi-si,” the victim D, stating that “I would lend money to another person, would receive high interest, and would return money at any time if the principal is required.” However, the Defendant’s fraud at the victim D’s convenience store is more than revenue.