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(영문) 대구지방법원 안동지원 2013.09.05 2013고단220

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around May 2007, the Defendant made a false statement that “The Victim C shall be liable to compensate for the business, and shall be liable to compensate for the business to be provided in a foreign country, and if the business is well-grounded, the Defendant may repay the money that he/she lent prior to the business,” in front of the Seoul Yeongdeungpo-gu Small and Medium Enterprise Federation.

However, as the defendant was a bad credit holder, there was no intention or ability to repay the personal debt of approximately KRW 50 million, and KRW 200 million, even if he received money from the victim.

The Defendant, on or around May 3, 2007, as the borrowed money from the victim, shall be KRW 4 million from around May 3, 2007;

5.4.Around 500,000 won;

5.9.Around 4.5 million won;

5. From 23.23. to 3.1 million won, a total of KRW 12.1 million was remitted to the passbook in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. 피고인은 2009. 5.경 서울 여의도 부근의 성명불상의 커피숍에서 위 피해자에게 “프랑스에서 금융공학을 공부했던 D이라고 먼 친척뻘인 사람이 있는데 선물옵션을 한다. 이번에 한 번 믿고 투자해라. 수익 중 13%를 지급하고, 만약 원금을 잃더라도 내가 보전해 주기로 하고 공증도 해 주겠다”고 거짓말을 하였다.

However, it was not known that D was able to guarantee a certain amount of profit through futures investment, and there was no intention or ability to guarantee the profit promised even if it was received an investment, and at the time there was no asset available to the suspect, such as Paragraph 1, and therefore there was no intention or ability to repay it.

The defendant was transferred from the victim to the head of a Tong in the name of the defendant on May 15, 2009, the amount of KRW 15 million from May 15, 2009.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and D;

1. Notarial deeds of bills, cash custody certificate, etc.;