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(영문) 수원지방법원 평택지원 2018.06.14 2018고단465
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2013, the Defendant: (a) around June 10, 2013, at a park located adjacent to a building C in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the Defendant secured the victim D with “on a deposit basis; (b) if the Defendant loaned KRW 100,000,000,000 per day, it invested in the scrap metal transaction; and (c) paid the principal after three months.

“The phrase “ was false.”

However, the Defendant was scheduled to pay KRW 40 million to E, a trading partner of scrap metal, among the money received from the injured party, and the remainder was planned to be used for personal purposes, such as repayment of debt, and thus, there was no intention or ability to pay the principal even if receiving the money from the injured party.

Around June 11, 2013, the defendant deceivings the victim as above, and received 89 million won from the Agricultural Cooperative Account (F) in the name of the defendant as the borrowed money from the victim, and acquired 49 million won among them.

2. On June 28, 2013, the Defendant: (a) around June 27, 2013, at the places described in the foregoing paragraph 1, the Defendant (i) loaned KRW 200 million per annum to the victim; (b) on the loan of KRW 200,000,000 per day, invested in scrap metal transactions; and (c) paid the principal after one week.

“The phrase “ was false.”

However, the Defendant was scheduled to pay KRW 100,000,000 to E, among the money received from the injured party, and the remainder was planned to be used for personal purposes such as repayment of debt, and thus, there was no intention or ability to pay the principal even if he received the money from the injured party.

Around June 28, 2013, the defendant deceivings the victim as above and received KRW 200 million from the defendant's agricultural bank account (F) in the name of the defendant as the borrowed money from the victim, and acquired KRW 100 million from among them.

3. On July 19, 2013, the Defendant committed a crime on July 17, 2013: (a) only the victim at a location in the vicinity of the border on July 17, 2013; and (b) the Defendant leased KRW 300 million and converted it into an investment made into an living iron after three days from the lease of KRW 300 million.

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