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(영문) 대전지방법원 천안지원 2014.05.23 2013고단1539
사기
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

around March 5, 2007, the Defendant: (a) around March 5, 2007, at the Gangseo-gu Seoul Metropolitan Government Samsung Securities Office, lent money to the victim E, the Defendant made D, an employee of the State C, who is an employee of the Defendant, use the money for up to 10 days in the fund; and (b) made D, a false statement to the effect that he would give 10 million won interest.

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant lent money to F, which is the local side of the Defendant’s local side, and used as the fund for the management of the company. In addition, the Defendant had no intention or ability to repay, even if he borrowed money from the victim, most of the capital of G invested in the fund managed by G and recovered the money invested from G.

Around March 5, 2007, the Defendant: (a) caused D to deception the victim; (b) received transfer of KRW 80 million from D to D’s new bank account (H) around March 5, 2007; (c) received transfer of KRW 10 million to D’s account in the same manner on the 12th day of the same month; and (d) obtained KRW 20 million from D to the victim on the 20th day of the same month; and (b) obtained the Defendant a total of KRW 110 million from the victim by obtaining a loan from D to the victim on three occasions.

around May 5, 2008, the Defendant called, “Around May 5, 2008, the 2013 Highest 1618, the Defendant called, “Around the 100,000 won deposit, the Defendant made phone call to the victim I and was playing in the Mana-do, such as the Mana-gu, Mana-gun, Incheon.”

However, since the defendant was only liable due to the failure of business, even if he borrowed money from the victim, he did not have the intent or ability to repay it.

On May 5, 2008, the Defendant, by deceiving the victim, received 500,000 won from the victim to the national bank account (J) in the name of the Defendant and acquired it by deceit.

"2013 Highest 1823" 1.

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