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(영문) 수원지방법원 안산지원 2016.11.17 2016고단3704
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 29, 2011, the Defendant stated that “A victim D (year 43) will pay money to operate a large-scale life agency at a prompt time, if business funds are insufficient to lend KRW 10 million to the small-scale agency.”

However, at the time of fact, the defendant did not have any particular property, and even if he borrowed money from the victim due to the lack of revenue, he thought that he would use not only the funds borrowed but also the funds borrowed for personal purposes such as stock investment.

On the same day, the Defendant received 10,000,000 won from the victim to the Korean Commercialized Investment Securities Account (Serial number: E) in the name of the Defendant, and used it for total equity investment.

Accordingly, the defendant was given property by deceiving the victim.

2. Around December 14, 2011, the Defendant falsely stated that “The Defendant shall pay money to the said victim within a short time, if he/she lends money to the said victim in advance of the civil petition service office of the Seocheon-gu Civil Service Office located in Seocheon-gu, Seocheon-gu.”

However, at the time of fact, the defendant did not have any particular property, and did not have any revenue, and was responsible for the loan of 62,000,000 won to the lending company, and even if he borrowed money from the victim, he did not have any intention or ability to repay the borrowed money, and was thought to use the borrowed money for personal purposes such as stock investment.

The Defendant received KRW 10,00,000 from the victim’s transfer of KRW 10,00,000 from the other securities account in the name of the Defendant on the same day, and received KRW 30,000,000 from the victim’s transfer of KRW 5,00,000 to the foreign currency investment securities account (number: E) in the name of the Defendant on February 9, 2012, and received KRW 30,000 in total from the Nonghyup Bank (Serial number: G) account in the name of the Defendant on April 1, 2013, and received KRW 63,000,000 in total.

This is the defendant.

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