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(영문) 창원지방법원 2019.06.26 2018고단3172

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 29, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Electronic Financial Transactions Act at the Changwon District Court on April 2018, and the said judgment became final and conclusive on July 7, 2018.

1. On August 2017, at a place where it is difficult to identify the place, the Defendant against the victim B made a false statement to the victim, stating, “The victim is a public official in charge of real estate development at a dynamics, who is a senior public official, and is also aware of the development information. By doing so, the Defendant collected money through real estate investment. While a good investment product was made in a dynamic development area, if a five million won of the investment fund was lent, the Defendant would make a full payment at least four times until the last day of October.”

However, even if the Defendant borrowed money from the victim, it was planned to use the money received from the victim for personal purposes, such as living expenses or repayment of debts, in the situation where the Defendant did not have any intent or ability to pay the money after investing it in the dynamic development area, and the debt to financial institutions at the time was 290 million won or more.

Around August 10, 2017, the Defendant, by deceiving the victim as above, received five million won from the victim to the Cbank account (D) in the name of the Defendant.

2. Fraud to victims E;

A. On August 31, 2017, at a place where it is impossible to identify a place where a police officer cannot be identified, the Defendant made a false statement to the victim stating that “The Defendant shall obtain information on real estate re-building in the Chinese ancient altitude from the private village. If the Defendant borrowed 25 million won of investment funds, he/she shall pay interest of KRW 5 million up to October 31, 2017, along with interest of KRW 30 million.”

However, in fact, the defendant was a plan to use the money received from the victim for personal purposes, such as living expenses and debt repayment, in the situation like the above paragraph 1.