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(영문) 수원지방법원 2014.03.31 2013고단3006
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Although the Defendant did not have the intent or ability to pay any profit by investing money in a lending company, etc. even if the Defendant received a monetary investment from the victim C, the Defendant did not have any intent or ability to pay any money even if he/she borrowed the money.

1. Around June 2, 2008, at the place of sales of off-to-door vehicles in the wife population Kim Jong-dong, the victim is entitled to receive interest income from 12-13% per month if he/she invests in a lending company with an amount of KRW 17.9 million. Of the vehicle purchase price, the amount of KRW 12.9 million shall be paid in cash, and the remaining amount of KRW 5 million shall be returned in installments, and the amount of KRW 25 million shall be more invested." This is received from the victim, namely, a cash of KRW 5 million from the victim’s seat, and from June 10, 2008, the amount of KRW 25 million shall be paid to the lending company;

2. From the end of July 2008, 2008, the victim made an investment of KRW 50 million by the end of June 10, 2008 to the extent that it makes an investment of KRW 20 million to the victim on or before the end of June 10, 208, the victim was paid interest rateed from June 11, 2008, and KRW 6.5 million around June 24, 2008, and KRW 10 million around June 25, 2008, respectively.

3. On August 16, 2008, the victim demanding the return of the investment amount to be returned in an influent area not more than 3,00,000 won, stating that “I would be able to resolve the whole amount of the premium received. I would be able to fully pay the invested money if I would like to lend the travel expense of one million won if I would like to lend the travel expense. I would be able to pay the full amount of the invested money. I would be able to pay one million won from the victim’s seat to the account designated by the defendant.”

4. On September 9, 2008, the Plaintiff’s false statement that “I will immediately complete payment if I would lend I would like to operate I would like to operate I would like to operate I would like to operate I would like to the extent of one month, and I would like to lend I would like to I would like to pay I would like to I would like to pay I would like to.”

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