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(영문) 서울남부지방법원 2014.07.02 2014고단1902
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 15, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on April 23, 2014.

1. On December 28, 2012, the Defendant would pay the victim C, by telephone, an interest equivalent to 20% per annum, along with the principal on December 28, 2013, when investing KRW 17 million in a non-permanent place.

“Along with the fact, the Defendant had invested in shares with money from other persons at the time, and reported losses to the Defendant, and there was no intent or ability to repay the principal and interest thereof even if he/she received money from the victim, such as having to pay the principal and interest of the investment to the said persons. The Defendant was deceiving the victim as such and received KRW 17 million from the victim to the account in the name of the Defendant on the same day. On March 12, 2013, the Defendant would pay the principal and interest on September 10, 2014, by applying the fluctuation interest rate if he/she paid 50,000 won each month to the victim by telephone at a place in the same time as of March 12, 2013.

“A false statement. However, the Defendant received money from other persons at the time, and reported losses to the Defendant, and there was no intention or ability to repay the principal and interest thereof even if he received money from the victim, such as having to pay the investment principal and profit to the said persons. The Defendant, by deceiving the victim, received KRW 500,000 from the victim to the account in the name of the Defendant on the same day, and received KRW 500,000 from the time on November 9, 2013 the Defendant received KRW 3.5 million in total from the time on seven occasions until November 9, 2013.

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