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(영문) 춘천지방법원 원주지원 2015.10.21 2015고단629
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Judgment of the court below]

1. On February 25, 2015, the Defendant paid 100,000 won as interest each month to the victim D with “one million won to those who need money around the Myeon and paid the principal at any time, and shall return it at any time upon request.

“Along with the fact that the Defendant received money from the victim, he/she did not have any intent or ability to raise interest income by investing in any other place. The Defendant received KRW 1 million from the victim to the post office account (E) in the name of the Defendant on the same day, as well as deposit of KRW 1 million from the victim on the same day. In addition, the Defendant received KRW 4 million in the same name as at March 25, 2015, and received KRW 5 million in the same name around April 15, 2015 from the victim on deposit of KRW 1 million in the same account on the same day, and received KRW 5 million in the same name as at the end of the same time on April 25, 2015 and received KRW 1 million in the same interest and received KRW 5 million in the same account as at the end of the same time on June 25, 2015 from the victim on deposit of KRW 1,500,000 in the same account on the same day.

However, even if the defendant received money from the victim, the defendant was to use it for the purpose of paying interest or living expenses on other obligations of the defendant, so there was no intention or ability to pay interest income by investing it in other places.

The defendant, after one year from the victim's maturity for the same day, shall be 4.8 million won per month, and interest shall be determined as 4.8 million won per month, and shall be invested into the above post office account.

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