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(영문) 서울중앙지방법원 2018.07.25 2017고단7734
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 7734] On April 2012, the Defendant would pay 17% interest per annum as principal after one year from the date of lending money to the victim C at a mutually infinite restaurant located in the east-si, Seoul, and the victim C.

“.....”

However, even if the Defendant borrowed money from the damaged party, it was thought that it will be used to repay the existing debt to D, and there was no intention or ability to pay interest to the victim who left the profits through asset management, or to repay the principal after one year.

Around May 4, 2012, the Defendant deceivings the victim as above, and acquired money from the victim to the national bank account under the name of the Defendant by remitting KRW 30,50,000 from the victim.

[2018 Highest 2295] The Defendant is a person who is working as a “F” director located in Nam-gu Incheon Metropolitan City E.

On April 10, 2013, the Defendant: (a) at the coffee shop in Suwon-si, Suwon-si, the Defendant: (b) provided not only personal debt worth KRW 70 million in the absence of any particular property at the time, but also financial debt worth KRW 20 million in the amount of KRW 20 million; (c) despite lending money from other persons, the Defendant instructed the victim H to demand payment under the circumstances where he/she was unable to pay the money on the agreed date; (d) while working as an insurance designer, he/she became aware of as a customer while investing funds in the “F” company that he/she became aware of as a customer, the Defendant received KRW 10 million in the amount of principal from the victim H to June 30, 2013, as well as the final profit of KRW 40 million in the amount of investment.

After that, by the same method as in May 27, 2013, the Defendant stated the principal as “................., the Defendant entered the Defendant’s bill of indictment on August 30, 2013, along with the final revenue of 15% from the capital investment,” but it is apparent that it is a clerical error in the “ August 30, 2013.”

hereinafter referred to as "2.3"

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