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(영문) 의정부지방법원 2020.08.12 2019고단5382
사기등
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

around October 2012, the Defendant stated to the effect that “B makes an investment in the auction goods and US dollars refund money” to the victim D, a workplace partner, around October 2012, at the office of Jongno-gu Seoul Metropolitan Government (State) Seoul, and that “B will make an investment in US dollars refund money, etc. When lending money, the Defendant would make an investment in US dollars refund money, etc., along with the principal.”

However, in fact, the Defendant did not have any investment experience in the auction or the exchange of goods, and did not have any other income except for the payment, and did not have any intent or ability to repay the debt amounting to KRW 150,000 or more with financial institutions and bonds, even if he borrowed money from the victim, such as personal rehabilitation.

On October 8, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million from the E bank account under the name of the Defendant for the borrowed money from the victim, and received KRW 302,070,310 in total from around 79 times to August 26, 2013 through the above method, as shown in the attached list of crimes, as well as from August 26, 2013.

Around November 4, 2018, the Defendant: (a) had a hotel with the phrase “the victim F, who was aware of the fact that he/she had been married through a mix “glue” type at a place unclaimed,” and was aware of the fact that he/she sold the hotel to China; (b) sold the hotel to China; and (c) received the down payment amount of KRW 2.2 billion; and (d) was expected to receive the remainder of KRW 10 billion after the completion of the remodeling work, he/she would immediately pay the remainder of KRW 10 billion; and (b) sold the hotel to the victim F, who was premised on marriage.”

However, in fact, the defendant was made a false statement to the victim, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The defendant, around November 4, 2018, receives 470,000 won from the victim to the G bank account in the name of the defendant.

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