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Reasons
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(영문) 창원지방법원 통영지원 2018.01.17 2017고단1596
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On January 19, 2016, the Defendant was guilty of fraud. On January 19, 2016, the Defendant received interest from the victim C at the mutual infinite coffee shop located in the Go-dong, Go-dong on January 19, 2016.

Although insurance money has 100 million won, it shall be lent to other persons and received interest;

A person who lends 70 million won to another person shall be allowed to have three million won per month.

The staff members of the Republic of Korea were paid KRW 2.5 million each month, and they were false to the effect that 500,000 won per month may be collected as 3 million won per month, since they are not able to borrow money from the party.

However, in fact, the defendant was thought to pay the defendant's debt or make personal consumption with the money of the victim, and there was no intention or ability to operate the bonds for the victim or to receive the interest on the bonds.

The Defendant received KRW 70 million in the name of the corporate bonds operation fund from the victim's bank account in the name of the victim managed by the Defendant on the same day.

2. On January 26, 2016, the Defendant was guilty of fraud on January 26, 2016 by telephone to the victim at an insular place located in the ancient Dong-dong on January 26, 2016.

If a loan is made in excess of 20 million won, interest will be paid under the same conditions as before.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant was thought to pay the defendant's debt or make personal consumption with the money of the victim, and there was no intention or ability to operate the bonds for the victim or to receive the interest on the bonds.

The Defendant received KRW 20 million in the name of the corporate bonds operation fund from the victim's account in the name of the victim managed by the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the second-time police interrogation protocol against the accused;

1. A protocol concerning the examination of suspects of D;

1. Statement of each police statement with respect to C.

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