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(영문) 서울서부지방법원 2017.10.11 2017고단2305
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Western District Court on July 19, 2016, and the judgment became final and conclusive on July 27, 2016. On May 10, 2017, the same court was sentenced to imprisonment with prison labor for one year for fraud and the judgment became final and conclusive on August 18, 2017.

[Criminal Facts]

1. Around October 2011 and around January 2012, the Defendant was aware of the fact that the victim C, who was aware of in the course of running a business, such as an insurance designer, was entrusted to the bank by the victim C with a low yield of the funds or pension, and thus, he/she was aware of the fact that he/she was aware of the fact that he/she was aware of the fact that he/she was aware of the fact that he/she had a low yield of the funds or pension, and was in mind to use money and valuables from the damaged person for his/her debt repayment, etc., and

D Middle School made a false statement to the victim that “I will guarantee the principal and to pay 250,000 won per month by making an investment, such as a fund, if I leave KRW 10,000 to B.”

However, even if the Defendant borrowed money from the damaged party, it was thought that it would be used to prevent the so-called return of personal debt, etc., but did not have any intent or ability to create profits by investing in the fund, etc., and even if the Defendant borrowed money from the damaged party because it was only a debt without any special property after he became a bad credit holder in 2008, it did not have any intention or ability to repay it.

Nevertheless, the Defendant, as above, obtained a false statement from the victim, and obtained a total of KRW 10 million from the victim on October 201, and KRW 20 million on January 201, 201, and acquired it by deception.

2. On April 17, 2014, the Defendant made a false statement on April 17, 2014 that “The Defendant would make payment within three months, along with the previous investment deposit amount of KRW 20 million, if he/she borrowed money, to the victim at the Seocheon High School located in 2570, Seocheon-gu, Hongcheon-gun, Hongcheon-gun, Seoul Special Metropolitan City, in order to make payment to the victim within three months.”

However, in fact, the defendant had no special property at the time, and there is no particular profit.

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