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(영문) 서울동부지방법원 2016.07.07 2015고단2571
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 11, 2009, the summary of the facts charged was sentenced to two years of suspended execution in October, 201 and the judgment became final and conclusive on February 25, 2010, due to the registration of loan business and violation of the Act on the Protection of Financial Users.

On October 2008, the Defendant used the loan business in around 2008, and used the money borrowed from the victim E to loan money from the F Casino, and operated the illegal loan business, while entering and leaving the GH casino located in Gangnam-gu Seoul.

On November 8, 2008, while the Defendant continued gambling in the above H casino from around 05:35, the Defendant lost approximately KRW 200 million on November 10, 2008 to use money as money for gambling business, and the amount of money was insufficient to use as money for gambling.

Therefore, the Defendant requested the above victim to transfer KRW 100 million to the I’s account by telephone, and requested that the victim transfer KRW 100 million to the I’s account at around 03:44 on the same day, and then I re-transfer KRW 100 million to the J’s account at around 05:40 on the same day, and at around 07:32 on the same day, J re-transfer KRW 100 million to the K K Co., Ltd. account operated by H.

In addition, at around 08:54 on the same day, the Defendant had the victim re-transfer KRW 100 million to the J account, and around 09:00 on the same day, the J re-transfered it to the K Co., Ltd. account, and used the said KRW 200 million as casino money.

The Defendant was given property by deceiving the victim as above.

2. Determination

A. The Defendant asserted that he received a total of KRW 500,000,000, including the amount written in the facts charged from the injured party upon the victim’s request by the victim who suffered high profits from casino such as F, etc., and delivered it to L (former M).

However, the defendant did not induce the victim to engage in a legitimate loan business, and the defendant thought to use it as gambling funds.

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