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(영문) 대구지방법원 포항지원 2016.12.21 2016고단1182
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court on April 8, 2016, and the said judgment became final and conclusive on April 8, 2016.

1. The criminal defendant committed fraud by deceiving money from victims C as investment returns and using living expenses, etc.;

On September 2013, the Defendant stated that the victim C would pay interest of KRW 3 million and principal within 2 months at the latest if he/she borrowed 20 million to B who was working for the real estate company in the Republic of Korea from 110-dong 803 of the Kakao Kao Kao Kao Kao Kao Kao Kao.

However, even if the victim received money from the victim, he/she thought that he/she will use the money for his/her own cost of living without investing in real estate, and there was no other revenue or property, and there was no intention or ability to repay the money to the victim.

Around November 1, 2013, the Defendant received 20,000,000 won from the victim to the Busan Bank account (E) in the name of the Defendant as investment money, and acquired the money from the victim in total 83,30,000 won through 15 times from around that time to March 6, 2015, as shown in the attached crime list (1).

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

2. The Defendant had a person who was demanded by the victim to return the investment amount, and the Defendant had also invested in F and had the victim appear to have failed to receive the return of the investment amount as agreed upon by the promise after having made an investment in F, with intent to forge various court documents and present them to the victims.

On December 17, 2014, the Defendant paid the amount stated in the separate claim to the obligee, by using a computer, etc., for the purpose of exercising at the home the mother of the Defendant in Suwon-gu G apartment in Busan-gu, Busan-do., the Defendant paid the amount stated in the separate claim to the obligee.

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