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(영문) 수원지방법원 2016.09.08 2015고단5529
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Even if the Defendant received investments from other persons, the Defendant did not have the intent or ability to make investments in the next business in which the principal is guaranteed, and even if the Defendant borrowed money from other persons due to absence of certain assets, such as not possessing the apartment of the original unit in the Osan City, the Defendant did not have any intent or ability to make repayment.

1. Around October 2010, the criminal defendant against the victim C made a false statement to the effect that, at the office of D Building E, the defendant would guarantee the principal of the investment, and would make profits equivalent to 50% of the principal between 3 to 5 years.

On October 12, 2010, the Defendant acquired money from the victim to the Defendant’s national bank account under the pretext of an investment deposit, with a sum of KRW 28 million, which is KRW 5 million, KRW 10 million on December 28, 2012, KRW 10 million on April 11, 2013, and KRW 28 million on November 27, 2014.

2. Around January 2012, the Defendant made a false statement with the victim F to the effect that “If the Defendant made an investment in the instant E office, he/she will also guarantee the principal of the said investment, and obtain a profit of KRW 500,000 per month.”

On January 12, 2012, the Defendant acquired money by transfer from the victim to the Defendant’s national bank account under the name of an investment deposit amounting to KRW 60 million, including KRW 20 million, KRW 20 million on March 20, 2012, KRW 5 million on July 31, 2012, and KRW 60 million on January 4, 2013.

3. On November 22, 2013, the Defendant against the victim F made a false statement to the effect that “The victim F is urgently required to pay the victim F with an accident, but he/she borrowed the full payment.”

On November 22, 2013, 200,000 won, 9 million won on November 25, 2013, and 13 million won on January 20, 2014, the Defendant acquired by transfer from the victim to the Defendant’s national bank account under the pretext of borrowing money.

4. The criminal defendant against the victim G is the victim G around January 12, 2014.

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