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(영문) 서울서부지방법원 2018.09.19 2018고단2674
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On February 23, 2016, the Defendant committed the crime at around February 22, 2016, on the mutual French page located in Guro-gu Seoul, Seoul around February 22, 2016, concluded a false statement to the effect that “The Defendant would pay interest of KRW 250,000 per month and redeem the principal one year later.”

However, the defendant did not have any idea to use the money received from the injured party in making a public telelet rental business, and even if he borrowed money from the injured party, he did not have any intention or ability to pay the principal after one year.

Around February 23, 2016, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 30 million to the account (D) of the name of the Defendant’s bank around February 23, 2016.

B. On April 12, 2016, the Defendant committed a crime around April 12, 2016, the Defendant called “a high pool loan in the Philippines” to the victim by telephone around April 11, 2016. The rent is KRW 70 million.

At present, there is only KRW 50 million, and thus, it was false to the effect that the monthly interest will be paid every month through a grass loan business and the principal will be repaid after one year.

However, the defendant did not think of using the money from the damaged party as the rent, and even if he borrowed money from the damaged party, he did not have an intention or ability to pay interest monthly, and to repay the principal after one year.

Around April 12, 2016, the Defendant deceivings the victim as above and transferred KRW 24 million to an enterprise bank account (E) in the name of the Defendant to the victim.

2. On March 2016, the Defendant made a false statement to the effect that “The Defendant would pay 10% interest per annum every month to the victim if he/she invests KRW 50 million in order to engage in the business of leasing telecom in Seoul notified telecom.” to the victim in the mutual influent car page located in Yeongdeungpo-gu Seoul Metropolitan Government.

However, the defendant.

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