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(영문) 의정부지방법원 고양지원 2013.11.21 2013고단847
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2013 Highest 847"

1. On August 21, 2007, the Defendant made a false statement that “The principal shall be paid at any time by making an investment in bond business, etc. if the Defendant borrowed money to the victim, and the principal shall be repaid at any time by paying interest of 36% per annum.”

However, the Defendant was in a state of having no certain income or property at the time, and there was no intention or ability to pay the agreed interest, even if he borrowed money from the victim, because he thought that it would be used as living expenses, etc.

Nevertheless, the Defendant received 1,50,000 won from the victim immediately from the victim to September 12, 2008, in total, from 11 times as shown in the list of crimes attached hereto, the Defendant received from 7 victims a total of KRW 90,50,000 as the borrowed money.

Accordingly, the defendant was provided property by deceiving the victims.

"2013 Highest 1276"

2. On April 19, 2006, the Defendant made a false statement with G that “The principal will be repaid within three years, by paying KRW 50,000,000 per month as dividends to the victim J at various construction sites, in collusion with G while operating the food materials supplier (main) I, in the second floor of the Songpa-gu Seoul H building.”

However, in fact, the defendant and the above G did not operate the cafeteria and did not have any profit of the above company, so even if they received an investment from the victim, they did not have the intent or ability to repay the dividend or principal.

Nevertheless, the Defendant was transferred from the victim to a new bank account in G under the name of G for the same day as the investment money.

Accordingly, the defendant was given property by deceiving the victim in collusion with G.

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