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(영문) 서울북부지방법원 2017.03.28 2016고단4290
사기등
Text

The punishment of defendants shall be two years.

Reasons

Punishment of the crime

1. Fraud;

A. Although the monthly income does not exceed 5 million won, the monthly expenditure was at least KRW 20 million due to living expenses and interest on loans, etc., and it was in the situation of repayment of loans, etc. in the form of one-time return, there was no intent or ability to lend money from the victims to others or receive the principal and interest from the victims.

The defendant was thought to use the borrowed money for repayment of his personal debt only.

The defendant acquired money by deceiving victims as follows:

(1) On September 18, 2015, the criminal defendant against the victim C told C to the effect that “If the salary was paid for KRW 1.9 million for the 1,800,000 for the 1,90,000 for the 1,800,000 for the 1,80,000 for the 1,80,000 for the 1,80,000 for the 1,80,000 for the 1,000,0000 for the 15% per month for the interest.”

C sent the Defendant’s national bank account at around September 18, 2015 with a total of KRW 30 million from that time to December 16, 2015, as shown in attached Table 1, from that time, C sent a total of KRW 60 million from that time to December 16, 2015.

B. On May 7, 2015, the Defendant: “Around May 7, 2015, the Defendant said that “A person who wants to play interest play, makes an investment to that person, he/she has an interest rate of 20%, and he/she will have the principal repaid until the end of October 2015.”

D shall in good faith and in good faith send 16 million won on the same day.

Before June 26, 2015, the Defendant sent a total of KRW 86,240,000 to the Defendant’s one bank account and the national bank account at six times, as shown in Appendix 2.

Article 25(1) of the Criminal Procedure Act provides that “The Defendant shall be punished by imprisonment with labor for not more than 20 million won.” Article 25(2) of the Criminal Procedure Act provides that “The Defendant shall be punished by imprisonment with labor for not more than 25

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