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(영문) 대구지방법원 서부지원 2018.09.06 2017고단2524
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On March 2014, the Defendant made a false statement to the effect that “The victims C will pay 3.5% interest per month on the loan of KRW 100 million to the victims, and pay 1 year after the date of receiving money to the victims,” which read to the effect that “The business is well carried on by the Dong-gu, Daegu, Daegu, which is located in the Dong-gu, Daegu, and the business of importing light products in China, and the sales of light products imported by the Dong-in as a total market by opening an agency in Korea, and the fund is necessary to expand 6-7 times the business.”

However, in fact, the Defendant, as a manager of a fund, received an investment from another person and made an investment in a futures option after around 2004, and continuously failed to perform the investment failure in 2004 and received demands from a large number of investors to repay the amount of 1.44 billion won, and there was no special property or sufficient income, and there was no intention or ability to make an investment in a futures option transaction where the possibility of collecting the amount of money to be borrowed from the damaged party is uncertain, and thus, the Defendant did not have any intent or ability to repay the amount at time even if he borrowed money from the damaged party.

Nevertheless, the Defendant, by deceiving the victim, was transferred to a new bank account in the name of the Defendant’s mother D on April 22, 2014 from the victim for the purpose of borrowing KRW 30 million from the victim. The Defendant was transferred to a new bank account in the name of Defendant D.

7.2. He/she receives a remittance of KRW 39 million to a new bank account in the name of the above D and receives KRW 1 million in cash on the same day, and has received the payment in the same year;

9. Around 26.26. Around 30 million won, a total of KRW 100 million was transferred to a new bank account in the above name D and acquired by fraud.

2. On January 12, 2015, the Defendant, at the “F Office” office in the operation of the Defendant in Daegu-gu, Daegu-gu, would provide the said victim with payment of the interest within one month if he/she re-loans money to the said victim.

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