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(영문) 서울남부지방법원 2016.08.10 2015고단4757
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2015 Highest 4757"

1. On November 19, 2010, the Defendant made a false statement to the victim C that “A 1% per month of the loan of KRW 30 million shall be interest and the principal shall be repaid after one year.”

However, in fact, even if the defendant borrowed money from the injured party with a debt amounting to KRW 300 million at the time, he was planned to use not only the intent or ability to pay the money but also the money received from the injured party for personal debt repayment, etc.

The Defendant received KRW 30 million from the victim to the new bank account in the name of the Defendant on the same day from the victim, and acquired property profits equivalent to the above amount.

2. On October 26, 201, the Defendant, at the same place as indicated in the foregoing paragraph (1) around October 26, 201, by deceiving the victim in the same manner as indicated in the foregoing paragraph (1), and by receiving KRW 30 million from the damaged party to the new bank account in the name of the Defendant on the same day under the pretext of borrowing money from the damaged party, and acquired pecuniary benefits equivalent to the above amount.

The defendant of "2016 Highest 1143" in 2010. 9. 10. 10. 9. 10. 10. 20, the defendant paid a large amount of profits to the victim F while consulting on asset management, such as internal stocks and insurance. The defendant borrowed KRW 30,000,000,000 to transfer the principal to 30,000,000 won per month and paid the principal after one year.

The phrase “ makes a false statement.”

However, in fact, even if the defendant borrowed money from the injured party with a debt of 200 million won or more at the time, he was planned to use not only the intent or ability to repay the money but also the personal repayment of the money received from the injured party.

The Defendant received KRW 30 million from the victim to the new bank account in the name of the Defendant on the same day from the victim, and acquired property profits equivalent to the above amount.

Summary of Evidence

[2015 Highest 4757]

1. The defendant's person;

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