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(영문) 인천지방법원 2012.08.16 2012고단3333

사기

Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2012 Highest 333] The Defendant, on October 2010, was aware of the Victim C through Internet Neneber D Investor solicitation advertisement, and then invested the principal in order to engage in credit business to the victim, is safe.

The purpose of this study is to encourage the victims to invest money in money by investing money in the Age Clubwegs.

In addition, the defendant's friendly group "E" refers to the "E" operated by the defendant's friendly group, and is working together with the friendly group without carrying on the business.

On November 2, 2010, the Defendant called “to permit a credit business to be provided,” and called “the return to an investment would be from 5% to 15%” by phoneing the victim at the time of Incheon Si, Incheon. In addition, the Defendant sent money that is urgently needed to pay.”

However, even if the defendant received money from the victim, he was merely intended to use it for the purpose of personal debt repayment, and did not have the intent or ability to pay the principal and interest by using the loan.

Ultimately, the Defendant received total of KRW 235 million from May 25, 201, including the victim’s false statement from the victim and received KRW 5 million from the victim’s new bank account in the name of the Defendant from May 25, 201.

[2012 Highest 3483] On December 20, 2011, the Defendant made a false statement to the effect that, even if having received money from the Defendant’s house located in the Seo-gu Incheon, Seo-gu, Incheon, the Defendant would deliver the goods to the victim even though he did not have the intent or ability to deliver the goods to the victim. However, the Defendant had access to NADD and then had access to the victim G who posted the article to the effect that “the Defendant would deliver the goods if he remitted 400,000 won in cash.”

The defendant's account number is the new bank account (Account Number H) in the name of the defendant on the same day from the victim.