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(영문) 청주지방법원 2014.01.28 2013고단1849
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was willing to borrow money under the pretext of giving interest to the victims who came to know in the course of the activities of C High School Exemplary with the profits from stock investment.

Around June 7, 2011, the Defendant made a false statement to the effect that “E coffee shop” in the “Eccoon D” was paid to the Victim F with interest by investing the money in the shares that are guaranteed if the money was lent, and that the principal would be returned at any time at the end of one month.

In fact, even if the Defendant borrowed money from the victim, he did not wish to make a full investment in the stocks, and was thought to be used in living expenses, etc., and there was no conviction that even if a partial investment in the stocks was made, he could make a unconditional profit through an investment in the stocks. In addition, there was no intention or ability to repay money from the victim even if he borrowed money from the victim because he was in a bad credit standing because he was unable to repay his debt of 12 million won borrowed from the third financial right around 2010.

The Defendant received KRW 2,00,000 from the victim to the new bank account (G) in the name of the Defendant on the same day, and received KRW 114,50,000 in total from June 7, 201 to November 5, 2012.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, F, I, and J;

1. Each statement K and L;

1. Application of Acts and subordinate statutes, such as an account transaction inquiry, each complaint, each Internet banking transfer certificate, agricultural bank transaction records, etc., transaction details of passbook in the new bank, and copies of passbook transactions in the Bank of Korea;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The fact that the defendant among concurrent crimes is led to the confession of the crime and the suspension of execution of the sentence under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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