(영문) 서울중앙지방법원 2015.04.02 2014고합1182

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(영문) 서울중앙지방법원 2015.04.02 2014고합1182

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 2008, the Defendant made a false statement to the effect that “The Defendant is engaged in the present real estate sales business, etc., and intends to expand the business.” If the Defendant borrowed KRW 200 million, the Defendant would pay KRW 3 million (1.5% of the principal of each month) to the victim E at a restaurant located in the Jung-gu Seoul Metropolitan Government Small and Medium-gu, Seoul.”

However, at the time, the defendant received money from the victim, only intended to raise profits by investing in the stocks and the fund, and did not intend to use the real estate investment or development project.

Furthermore, the Defendant did not have certain income, and the amount of the shares and the fund account held by the Defendant had already been loaned as collateral, so it should be used for the repayment of the loan even if the said shares and the fund account was terminated in the future. As the U.S. financial crisis began in 2007, the stock price continues to decline continuously due to the continued financial crisis, and even if the said shares and the fund account was terminated in the future, the Defendant did not have any intent or ability to pay the interest and the principal properly even if he borrowed money from the victim because the repayment of the loan cannot be made even

Nevertheless, the Defendant, by deceiving the victim as above, received money from the victim to the national bank account (Account Number:F) in the name of the Defendant, from May 20, 2008, and from June 16, 2008, and acquired money by transfer.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements of witnesses G and H part of the second trial records;

1. Legal statement of a witness I;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Part of the prosecutor's statement concerning H and G in the protocol of statement;

1. Entry of the defendant in the police interrogation protocol of the defendant, E, and partial statement of the defendant;

1. Some statements made to the defendant in the fourth police interrogation protocol;

1. Each police officer for I and E.

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