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(영문) 서울중앙지방법원 2014.05.16 2014고단1226
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant made a false statement to the effect that “A business that lends money to another person and takes high-class import vehicles as security may receive interest of KRW 50,000,000 per month if he/she lends money to a third person. E, the Defendant may receive interest of KRW 2,00,000 per month, and if he/she uses the vehicle as security, he/she may also obtain additional profits if he/she uses the vehicle. Around February 17, 2012, the Defendant made a false statement to the effect that “A business that lends money to a third person and obtains high-class import vehicles as security is invested KRW 50,000,000 per month.”

However, in fact, the Defendant was thought to pay the Defendant’s personal debt to F with the Defendant’s KRW 50 million received from the victim, and the Defendant was able to recover the Defendant’s marinate Ecuador vehicle that provided as security to F, and thus, even if the Defendant received an investment from the victim, he could not gain interest from other persons, such as E, even if he did not receive any profit from the victim. At the time, the Defendant was thought to have had no financial standing, such as having a vehicle leasing fee equivalent to KRW 30 million per month, and there was no intention or ability to provide the said vehicle as security and borrow money at any other place. Therefore, there was no intention or ability to pay the Defendant’

As such, the Defendant, by deceiving the victim as such, received 48 million won from the victim as a prior interest and 2 million won as an investment loan from the victim, i.e., receiving 48 million won from the victim to the Defendant’s account under the name of the Defendant, and acquired 21 billion won from the time around that time to April 3, 2012 after obtaining a total of 4 billion won from the victim as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement in the second protocol of interrogation of the defendant against the defendant

1. Application of the police statement law to D;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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