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(영문) 대구지방법원 2015.11.17 2015고단2774
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around 2010, the Defendant and the Victim D became aware of each other. From around that time to around 2013, the Defendant borrowed money several times from the victim to around 2013 under the name of “payment of money through stock transactions” and thereafter, the bank borrowed money with a large amount of interest, rather than the Plaintiff, and the victim relianced with a considerable amount of interest of KRW 5 billion.0 billion.

On April 2014, the Defendant stated that “The Defendant would pay the victim with the borrowed money from the borrowed money to make a stock investment. The principal shall be repaid without money within three months, and the interest shall be paid with a higher interest than the bank.”

However, the Defendant suffered a big loss due to stock investment around August 2013, and there was no need for the Defendant to pay the principal and interest as agreed even if the Defendant borrowed money from another person due to the fact that the Defendant did not properly operate the corporation E, and that the office was transferred to another person, and there was no intention or ability to pay the principal and interest.

Nevertheless, the defendant deceivings the victim as above, and receives from the victim about April 11, 2014 the remittance of 30 million won from the defendant to the bank account of the defendant for the purpose of borrowing money, and the same year.

6.10.10.10.10.100,000 won, in cash, at the entrance of the Seodaemun-gu Incheon Metropolitan City, under the same name, and the same year

7.10.Miscing to the same account under the same name as around 10.Miscary, the same year;

9. Around 15.15. Around the same name, 100 million won was remitted to the same account and acquired a total of 270 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspects of defendants and D by prosecutors;

1. A deposit certificate;

1. An investigation report (as to attachment of reference materials, etc.);

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