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(영문) 창원지방법원 2017.04.26 2016고단309
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[2016 Highest 309] The Defendant paid the victim F with interest on April 2001 on the day when he/she loaned money to the victim F from a non-displacement restaurant in the Rool-dong on April 2009. The principal shall be repaid after one to two years.

The phrase “ makes a false statement.”

However, in fact, the Defendant had a debt of KRW 70 million at the time, and was willing to use part of the money received from the injured party to pay the debt, so there was no intention or ability to pay the debt even if he borrowed money from the injured party.

On September 18, 2009, the Defendant received KRW 30 million from the damaged party to the foreign exchange bank account (number: G) in the name of the Defendant on or around September 18, 2009.

From that time to May 9, 2010, the Defendant received a total of KRW 260 million from the injured party six times in total under the name of the borrowed money, such as the statement in the list of crimes in attached Form.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 2649] The Defendant would guarantee the victim J from around June 2015 to KRW 1.6 million each month’s monthly profit through foreign exchange investment in the first place of the Defendant’s operation of H building 1104 at Changwon-si around July 2015.

The monthly interest of 1.6 million won will be paid.

If a request for refund is made only before one week, the principal shall be returned.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the injured party under the pretext of investment because it was in a situation preventing the return of the nominal name, such as paying interest to the existing individual investors, not foreign exchange investors.

The Defendant received total of KRW 50 million from December 14, 2015 to December 15, 2015 from the damaged party to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

(b).

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