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(영문) 인천지방법원 2015.01.16 2014고단5746
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on October 25, 2014.

1. On December 201, 201, the Defendant made a false statement to the victim D, stating that “A Dong Dong Dong E works as a asset manager of our investment securities, and if an investment is made, he/she may pay 20-30% interest of the principal. (b) The Defendant would pay money to the victim for a stock investment on the face of remittance of money.”

However, even if the defendant received money from the victim, he did not have the intent or ability to repay the principal including the use for stock investment or the profit.

Accordingly, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the new bank account (F) in the name of the Defendant on December 27, 2011.

2. On February 2, 2012, the Defendant, who is the cause of the repayment of apartment loans, made a false statement to the victim D that “I would like to pay the apartment loans if I would have one G apartment loan in the name of the Defendant, and have to pay the amount of the loans expected to be redevelopment,” and that I would like to marry if I would like to pay money by redevelopment.”

However, even if the defendant received money from the victim, he thought that he will use it for his personal purpose, and there was no idea to use it for repayment of apartment loans, and there was no situation in which he can collect money from apartment redevelopment.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on February 17, 2012, KRW 500,000 from the victim, KRW 500,000 on June 20, 2012, and KRW 12 million on July 29, 2012 from the Defendant’s account, and received KRW 2 million on March 3, 2012, KRW 2 million on May 3, 2012, KRW 2 million from the police officer on May 3, 2012, KRW 2 million on July 2012, 200, KRW 8.5 million on early August 2012, and received KRW 46 million on the pretext of loans.

b)a summary of the evidence;

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