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(영문) 서울중앙지방법원 2018.09.05 2017고단7345
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the body of the victim B.

1. Around January 15, 2008, the Defendant made a false statement to the effect that “The Defendant would pay the principal and interest to the Defendant, if he/she lends money to the Defendant, as he/she is difficult to manage the Defendant’s house of the victim in Gangseo-gu Seoul Metropolitan Government, with the intention of managing the money that he/she does not know about the world by making an investment in the company, he/she will receive interest from the company and pay the living expenses.”

However, even if the defendant borrowed money from the injured party, he did not think that it will be used for personal stock investment and living expenses, and he did not have the intention or ability to pay the borrowed money properly after investing in the derivatives financial product D at the time.

Nevertheless, the Defendant, by deceiving the victim as such, received 14 million won from the victim to the E bank account (F) in the name of the Defendant on the same day.

2. On January 17, 2008, the Defendant made a false statement to the effect that “The Defendant would make a payment within six months of the company operation and investment funds to the victim and pay interest at 2.5% per month” to the victim.

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

Nevertheless, on January 24, 2008, the Defendant, by deceiving the victim as such, received 195 million won from the victim to the above account in the name of the Defendant on January 24, 2008, and acquired it by deceiving the victim.

3. The Defendant, around September 8, 2008, at the “H” coffee shop operated by the injured party in Seocho-gu Seoul Metropolitan Government, and through the victim’s s s s I, he/she would lend the Defendant’s operating funds to the victim within three to four months.

A false statement was made to the effect that “The interest of 20% per annum is to be paid.”

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

Nevertheless, the defendant deceivings the victim and belongs to it.

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