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(영문) 수원지방법원 안산지원 2014.09.04 2013고단813
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around November 2011, the Defendant stated that “The victim E and F purchased the land located in the Ministry of Song-gu and the Ministry of Strategy and Finance,” and the Defendant made a false statement to the victim E and F that “I will purchase the land in the Ministry of Song-gu and construct the Ministry of Strategy and Finance. If I lend money, I will construct the Ministry of Strategy and Finance to give interest and return the principal at any time.”

However, in fact, the Defendant invested in G that he/she lent money from other persons during the period from July 2009 to July 201, but was also liable for a lot of debt, and thus, the Defendant did not return the investment money to the Defendant, so there was little possibility to recover the investment money from G. However, since the camping established by G was not operated normally, it was impossible to receive the profit through the camping field because it was not operated normally.

In addition, the defendant was individually liable for the amount of KRW 100 million, but he was paying the other paid debt by lending money from the surrounding persons.

Therefore, the victims did not have the intent or ability to pay the amount of the loan to the victims because the plan was used for the repayment of the amount of the deposit received from the victims.

Nevertheless, the Defendant, by deceiving the victims as above, wired the victims from the victim E to the new bank account under the name of the Defendant’s father, to KRW 15 million on December 22, 201, and received a total of KRW 25 million on December 28, 201, and received KRW 25 million on December 28, 201, from the victim F to the said H account under the name of the victim F, respectively, by receiving KRW 9.3 million on December 28, 201, and by receiving KRW 5.3 million on January 12, 2012, and by receiving KRW 15.3 million on February 17, 2012.

On September 12, 2013, the Defendant stated that “The victim I would provide a loan of KRW 150 million per week to the victim I at a teahouse located in the Gocheon-gu Incheon Metropolitan City, So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called Incheon Metropolitan City.”

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