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(영문) 인천지방법원 2018.07.19 2018고단237

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 73,00,000 won to the applicant for damage caused by fraud.

Reasons

Punishment of the crime

"2018 Highest 237"

1. On January 26, 2017, the Defendant committed the crime of January 26, 2017, in the parking lot following the Korean Investment Securities located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant operates a stock-investment company to the victim C, who became aware of only the Internet “Nandter Ban”.

When making an investment in money, it will guarantee the principal and give against the profits of stock investment.

2. The term “assumed.”

However, there was no fact that the Defendant operated a company related to stock investment, and there was no intention or ability to use the money borrowed from the victim for the purpose of the Defendant’s living expenses, and thus, there was no intention or ability to use the money borrowed from the victim for the benefit of the Defendant.

Nevertheless, the defendant, by deceiving the defendant, prepared an investment contract with the victim, and received 50 million won from the victim, i.e., delivery from the victim.

2. On April 6, 2017, the Defendant called the victim at an unsound place on April 6, 2017, and there is a lack of KRW 23 million in order to invest KRW 1 billion in stocks.

The interest on the loan of KRW 23 million shall be KRW 500,000 per month and shall be used only for 4 months.

2. The term “assumed.”

However, the Defendant did not have an amount equivalent to one billion won to be used for stock investment, and all money borrowed from the injured party was thought to be used in the casino, and there was no intention or ability to repay normally.

Nevertheless, the Defendant, by deceiving the victim as such, received 23 million won from the victim to the account under the name of the Defendant, and acquired it by deceiving the victim.

The defendant of "2018 Highest 1403" became aware of the victim D and Internet hosting in 2012.

On September 2014, the Defendant would repay the amount to the victim by May 2015, 2015, including the interest on the loan of KRW 100 million out of KRW 1 billion to acquire the stock company.

“.....”

However, the defendant is a corporation.