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(영문) 서울동부지방법원 2020.01.15 2019고단2820
사기
Text

A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 15, 2019, the Defendant was sentenced to four years of imprisonment and a fine of 10,000,000 won by the Seoul Eastern District Court for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers), etc., and the said judgment became final and conclusive on November 22, 2019.

1. On March 9, 2012, the Defendant acquired the borrowed money under the name of bond investment stated that, at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government F, the victim B, “I am close to the victim B by provoking too dangerous to enter a small-sized marina. In addition, I would be able to obtain a large profit through bond investment, and if I lend KRW 20 million, I would be able to pay the principal and obtain a large profit without money by adding the interest of KRW 12.3% to the principal after two months.”

However, in fact, the defendant did not invest in the claim, and he thought that he would use the money received from the victim for personal purposes, and he did not have any intention or ability to pay the interest and principal agreed upon to the victim through bond investment.

Around March 17, 2012 and March 18, 2012, the Defendant, by deceiving the victim as above, received KRW 20,000,000 in total from the time when he received KRW 20,000 from the H bank account (Account Number I) in G name to December 14, 2014, and acquired it by defrauding KRW 240,000,000, as shown in [Attachment] Nos. 1 to 8 of the List of Crimes.

2. On July 9, 2015, the Defendant, who acquired a nominal loan of the purchase price of drugs, is not entitled to any interest that he/she promised to collect or pay to the above victim at the same place as Paragraph 1, and the principal is not fully repaid.

However, it is difficult to recover the investment solely because it makes a bond investment like a type of punishment;

Alternatively, I would like to gain profits by way of a large purchase with the intention of ASEAN and a large volume purchase, which is much lower than the fixed price. However, if I lent 26 million won of the purchase price of the pharmaceutical product to be paid, I would like to use 8% interest per month after the end of one month.

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