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(영문) 의정부지방법원 2016.05.31 2015고단4829
사기
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 13, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the District Court of Jung-gu, which became final and conclusive on February 5, 2016.

【2015 Highest 4829 [Defendant] around 14:00 on May 13, 2015, the Defendant planned to obtain a loan of KRW 1 billion from the victim E at the D hotel coffee shop located in Dongducheon-si, Dongducheon-si, dong-si,” and requires a loan of KRW 1 billion.

It shall be paid with interest, etc. within one week from the loan of money.

The phrase “the phrase was false.”

However, the defendant was not in a situation where he could get a loan of KRW 1 billion from a bank, and the defendant tried to use the above money for personal debt repayment, etc., and did not have the intention or ability to use it for loan funds.

The defendant deceivings the victim as above, and was transferred KRW 20 million to the passbook in the name of the defendant to the national bank in the name of the defendant on the same day.

【2016 Highest 1034 (Joint) the Defendant made a false statement to the victim F, “If the Defendant made an investment of KRW 5-600 million to B, the Defendant would invest in the fund management kept by the head of the branch office of the Bank, and would have made a large amount of KRW 20-3 billion, and KRW 50-6 billion, a large amount of which is low through the management thereof, and KRW 1 billion.” The Defendant made a false statement to the victim F, “The amount of KRW 5-600,000,000,000,000,000 KRW 5-60,000,000,000.”

However, in fact, the Defendant did not have the investment source capable of paying the above benefits and did not have any intent or ability to return the funds received from the victimized person for personal purposes, even if he received investments from the injured person.

Around May 14, 2013, the Defendant: (a) by deceiving the victim as above; (b) received KRW 30 million from the bank account under the name of the Defendant from the victim; and (c) at the Dongyang Securities Office located in the Dongyang Government around May 28, 2013, the Defendant received two copies of the check and one copy of the check from the Defendant himself.

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