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(영문) 청주지방법원 2020.11.26 2020고단117
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around February 5, 2019, the Defendant: (a) at the so-called coffee shop in Cheongju-si, a considerable amount of KRW 300 million (30 million) to the victim D by saying, “a person who has been aware of through the proposal at the time makes an investment to make an investment. A person who has been aware of through the proposal at the time makes an investment to make a bond at the source. If he/she has lent an investment, he/she intends to make an investment, he/she shall make an investment at the third to five parts of each month, and the principal shall be paid at the six months after making an investment; (b) he/she has a apartment tax in one place; (c) he/she resides in, without any other, at the same time; and (d) he/she has the rest. There is no problem at all, on the island.”

However, in fact, the defendant is equivalent to 40 million won of personal debt, and the apartment house living together did not pay interest on the loan, and even if he did not have any real estate, he did not have any real estate, and even if he received money from the victim, he did not have any intention or ability to pay interest every month after investing in the person who issued the bonds, and did not have any intention or ability to pay it within 6 months.

Nevertheless, the Defendant, as seen above, received KRW 2,500,000 from the victim’s E bank account (F) in the name of the Defendant and received KRW 93,090,000 in total over 10 times from the time to April 4, 2019, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, and the contents of the Kakao Stockholm dialogue;

1. Inquiry into the details of liquidity transactions, loan certificates, and details of transactions;

1. List of members of the fraternity;

1. Application of investigation reports (Attachment to the G reply Form) and investigation reports (Submission of amended details of remittance by a complainant) Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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