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(영문) 창원지방법원 통영지원 2013.10.08 2013고단219

사기등

Text

A defendant shall be punished by imprisonment for a term of four years and a fine of five thousand won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around July 2010, the Defendant: (a) was a person working at two teams of business directly operated by D Co., Ltd.; (b) invested money on the sports soil lottery tickets and Internet illegal soil sites in the lottery of Scam, “F,” and (c) lost a lot of money; (b) obtained loans from 2 financing zones, such as the Scambling Account (limit 60 million won) and the Gyeonggimon Savings Bank established under the name of the Defendant, and continued to invest in the sports soil; (c) however, continued to borrow money from private financing companies, such as ASEAN, etc., and companies, and invested in the sports soil, but did not compensate for damages, and (d) borrowed money from 150,000,000 won to 150,000,000 won, and did not pay interest, and (d) borrowed money from friendly sports, such as lending money and profits from such investment, etc.

1. Around the end of December 2011, the Defendant made a false statement that “The Defendant would have paid money to the victim in the vicinity of the office where the victim H works in G with a grace period, and would have paid 10% of the principal amount if he/she borrowed money. If a loss occurred, the Defendant would have to pay the principal even if having paid the principal.”

However, as above, the Defendant had already reported continuing damage through a sports competition, etc., and accordingly, even if the Defendant borrowed money from the victim, such as bonds, to approximately KRW 150,000,000,000, the Defendant had no intent or ability to pay the profits by raising the profits through a sports competition, and the Defendant has to pay the interest on bonds and the profits promised to other persons by using such borrowed money in the so-called “commencing manner.”