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(영문) 서울중앙지방법원 2017.04.14 2016고정3016
사기
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On January 14, 2014, the Defendant and C and D jointly committed a crime would pay KRW 3.6 million to the Victim G in the F office located in Dongjak-gu Seoul Metropolitan Government, Seoul around January 14, 2014.

The phrase “ makes a false statement.”

However, even if the defendant, C, and D received money from the injured party as investment money, they did not have the ability or intent to repay the principal by paying 300,000 won each day as principal and profit.

The Defendant and C and D conspired to deception the victim as such, and they received a total of 6.7 million won, including KRW 3 million on January 14, 2014, KRW 2400,000 on the 15th of the same month, KRW 700,000 on the 16th of the same month, and KRW 6.6 million on the 19th of the same month from the victim to the Agricultural Cooperative account under the name of the Defendant.

2. On January 19, 2015, the Defendant’s sole criminal defendant, at the above F Office around January 19, 2015, would immediately repay the above victim’s “1.1 million won to the said F Office.”

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the victim, he did not have the ability or intent to repay the principal to the victim by the next day.

The Defendant, as such, by deceiving the victim, received 1.1 million won in cash from the damaged party.

3. Joint crimes committed with the defendant and D;

A. On March 19, 2015, the Defendant, along with D on March 19, 2015, shall pay to D, if the Defendant joined the G D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D.

The phrase “ makes a false statement.”

However, even if the defendant and D receive money from the above victims under the pretext of guidance every day, they did not have the intention or ability to pay the money to the victims.

The Defendant and D, as such, deceiving the victim and deceiving it, KRW 400,000 in cash on the same day from the victim, and KRW 400,000 in cash on the 20th of the same month.

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