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(영문) 창원지방법원 2015.02.06 2014고단1066

사기등

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

[2014 Highest 1066]

1. On March 2, 2007, the Defendant made a false statement to the victim D that “If he/she has invested in the Gangnam-gu Seoul Metropolitan Government Model House, he/she may pay a larger amount of money. When he/she has lent money, he/she borrowed money to the victim D.”

However, the Defendant, while there was no particular property at the time, borrowed more than the total sum of 00 million won from many persons including the victim and paid dividends in excess of the number of million won each month, used new borrowed money as dividends, etc. Likewise, even if the Defendant borrowed money from the victim, he was planned to use it as dividends for borrowed money before the Defendant was planned to use it as dividends for borrowed money, such fact was concealed by the victim.

As above, the Defendant, by deceiving the victim, received 30 million won from the victim to the Defendant’s agricultural bank account on the same day from May 15, 2007, and acquired 178 million won through the Defendant’s agricultural bank account through five times in total, such as the list of crimes, from around May 15, 2007.

2. On May 21, 2007, the Defendant made phone calls to the victim E and made false statements to the victim E that “I would pay more interest than any other person. I will lend money to the victim E. I will return.”

However, the Defendant, while there was no particular property at the time, borrowed more than a total million won from many persons and paid dividends in excess of a million won each month, used new borrowed money as dividends. Likewise, even if the Defendant borrowed money from the victim, he was planned to use it as dividends for borrowed money, the Defendant concealed such fact to the victim.

The defendant deceivings the victim as above.