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(영문) 인천지방법원 부천지원 2015.06.19 2015고단662
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s sole criminal defendant, at around May 2012, 2012, called “If she has no money, she would make an investment of KRW 50 million or KRW 100 million to us, she would make an investment in non-performing loans and return the principal and profit within 3 months by making an investment in the non-performing loans, with the interest formula of KRW 4,00,000 or KRW 100,000.” The defendant sent 3 million under the pretext of the commencement of the investment.

However, even if the victim received money as investment money from the victim, it invested in the non-performing field and did not have the intention or ability to return the profit to the victim, and it was thought that it will be used for personal purposes such as insufficient office expenses at the time.

The Defendant, by deceiving the victim as above, received money KRW 3 million from the said victim to a new bank account in the name of G designated by the Defendant on or around March 6, 2013 under the pretext of investment in the field of non-performing loans.

2. On May 2013, the Defendants jointly committed the crimes of Defendant A and Defendant B, at the E office located in Gangnam-gu Seoul Metropolitan Government (Seoul)’s office in Gangnam-gu, and the said victim F, “If investing KRW 50 million in the said office, he/she would have set up a good person and received a successful bid for an insolvent bond and would have received a substantial profit from selling the bonds to the bond bank. On every fourth of the month, the Defendants would give investment profits and return the principal of the investment to the principal within three months.

However, the defendants did not raise a certain amount of funds from investors because they did not operate jointly, and even if they received money from the victims as investment money, they did not have the intent or ability to return the profits to the victims. They thought that they will arbitrarily use the profits for personal purposes, such as insufficient office expenses and living expenses.

Accordingly, the Defendants conspired with each other.

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