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(영문) 서울중앙지방법원 2014.08.21 2014고단3224
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who worked as an insurance company member from March 2, 2011 to September 2013.

On September 2012, the Defendant stated to the effect that “The Victim C, who was aware of the early police officer’s work bonus, tried to operate a business related to children’s English library business, and if the Defendant made an investment, the principal shall be recovered after one year, and the profits on the investment funds shall be 2,3 times. Since there are many chains in the future, the children’s English library business is waiting for by investors.”

However, even if the defendant received money from the victim as investment money, he did not have a plan to invest it in the business of the children's English library at the time, and there was no intention or ability to return the investment principal to the victim after one year, since the personal debt of approximately KRW 130 million, including the credit card loans of KRW 30 million through KRW 40 million, has increased every month.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained the amount of KRW 50,000,000, which the victim borrowed with the interest of KRW 250,000 per month from his/her natives and obtained on September 6, 2012 as the investment money of the above children’s English library business.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (including statement C);

1. C Complaints;

1. Each statement of C;

1. Application of Acts and subordinate statutes to the transfer statement;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, and Article 347(1) of the Criminal Code regarding the Defendant’s assertion of choice of imprisonment did not mean that the victim was “a joint library for D and children,” and the victim was aware of all the facts pertaining to the Defendant in an internal relationship with the Defendant. However, the record reveals that the victim knew of all the facts pertaining to the Defendant.

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