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(영문) 서울서부지방법원 2016.04.19 2015고단1476
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

Reasons

Punishment of the crime

[2] The Defendant, around April 201, grants the profits of KRW 200,000 to KRW 300,000 per month when investing in the rice market in the amount of KRW 30 million to KRW 50,000 per month.

“Around April 14, 201, an investor recruitment advertisement was made and around 3,40,000 won is paid to the victim F who reported and found the said advertisement to the victim F, who was in the absence of the Defendant’s interest operated by the Jung-gu Seoul, Jung-gu, Seoul, Seoul, for the purpose of paying the principal and interest of KRW 3,40,000 per month.

“A false representation was made.”

However, in fact, the Defendant had reached about KRW 19 million and had to pay KRW 1 million to KRW 20 million by the day, and the Defendant had to pay KRW 1 million through KRW 20 million by the same day. Since the Defendant was planning to adjust the store immediately after having issued a demand notice, and thus, there was no intention or ability to pay principal and interest even if he received money from the person who has suffered damage as the source of investment.

As above, the Defendant, by deceiving the Victim F and by deceiving the victim F, acquired the total amount of KRW 10 million from the victim on April 14, 201, and KRW 20 million on April 25, 201, and KRW 30 million on a total from April 25, 201, from the victim to the Defendant’s account.

[2015 High Order 2610]

1. The Defendants committed a joint crime with intent to borrow money from the victim G by citing the deposit money that does not exist after forging the relevant documents, such as the deposit contract, as security after forging it.

A. In collusion with the Defendants on April 30, 2010, at the Chang-dong store located in Jung-gu Seoul Metropolitan Government, the Defendants of the forgery of private documents: “Seoul Mapo-gu”, “multihousehold H” in the real property indication column in the real property lease contract site; “the main household” in the structure column; “the total amount of KRW 100 million (Won 100,000,000)” among the terms and conditions of the contract; “the total amount of KRW 100,000” in the guarantee column; and “the total amount of KRW 9,000” in the contract column shall be paid and received on August 2, 2009. “The fixed amount of KRW 9,000” shall be paid on August 2, 2009. “The terms and conditions of the contract shall be delivered to the lessee by August 2, 2009,” and the lease period shall be extended to the lessee on August 2, 2011.

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