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(영문) 서울서부지방법원 2018.04.13 2017고단2828

사기

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2828"

1. Around June 1, 2017, the Defendant against the victim E told the victim E to “a person who needs living expenses and borrowed money to G, who is in need of living expenses, shall also be repaid, by the end of July, and a person who borrowed 10% of the pre-paid interest shall be loaned.”

However, the defendant did not have any revenue at the time, so even if he borrowed money from the victim, he did not have the ability to repay it.

Around the 2th of the same month, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 8,000,000 to the National Bank Account (H) in the name of the Defendant; and (c) from around that time to August of the same month the Defendant received KRW 22,50,000,000 in total on three occasions, such as the list of crimes in annexed Table 1, from around that time.

2. On July 4, 2017, the Defendant: (a) stated that “A victim I would have a different market price at each country because bitco has a different from each other; (b) would have a profit from purchasing bitco and selling bitco in a foreign country; and (c) would have an investment of KRW 40,000,000 in 10.”

However, in fact, the defendant thought that he would use the money received from the victim as money for gambling, and did not intend to invest in the bit Coin, and there was no income at the time, so there was no ability to return the investment money to the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) received 20,000,000 won from the national bank account under the name of the Defendant to the account (J) in the name of the Defendant; and (c) received 20,000,000 won from the May of the same month, respectively; and (d) received KRW 40,00,000 from the victim.

3. On August 5, 2017, the Defendant against the Victim K: (a) purchased a bit nose in Korean won with a different market price for each country; and (b) sold to the French branch in red bees, the Defendant would have much more red bees than exchanging it to the Victim K before the Victim K, located in Maka on August 5, 2017.