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(영문) 창원지방법원 2017.07.19 2017고단1855
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On February 2012, the Defendant called the victim C (a loan of KRW 89 million) by phoneing to the victim at a Haman’s early place, and saying, “The Defendant may receive interest on two copies of the month on which he/she borrowed money for the bond play, and the principal shall be able to receive at any time at any time.”

However, there was no intention or ability to pay principal or interest even if the defendant's friendship did not play the corporate bonds, and the money received from the injured person was used as living expenses, etc., so the injured person did not receive money from the injured person.

Nevertheless, the Defendant, as seen above, received a transfer of KRW 10 million from the new bank account (D) with the Defendant’s name around February 10, 2012 from the victim, and received a total of KRW 89 million from around that time to February 14, 2014, as shown in the attached Table 1, from around the time of the crime.

2. The Defendant stated, around August 2013, that “The victim E (a loan of KRW 1477.730,000) shall be liable for the Plaintiff’s loaning money to the Plaintiff, and shall receive the interest on the second part of each month, and the principal shall be immediately returned, whenever necessary.”

However, there was no intention or ability to pay principal or interest even if the defendant's friendship did not play the corporate bonds, and the money received from the injured person was used as living expenses, etc., so the injured person did not receive money from the injured person.

Nevertheless, on August 20, 2013, Defendant 1 received 8730,000 won in total from the injured party’s account (H) on August 20, 2013, from the said false statement, as well as from around that time to September 8, 2016, the sum of KRW 147,730,000 in total, seven times from that time, as shown in attached Table 2 of the List of Offenses.

3.A victim I (the borrowed amount of KRW 150 million,2850,00).

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