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(영문) 수원지방법원 2017.08.10 2017고단1056
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The criminal defendant against the victim D calls to the victim D who was aware of the same church as the member of the same church and pays 20% of the principal and interest after one year from the loan of money.

“.............”

However, after receiving the Defendant’s bankruptcy exemption of KRW 300 million for the personal debt of KRW 300 million on March 201, 201, the Defendant invested KRW 30 million from E, who is a member of the same church on March 2011 and incurred loss in securities transaction. Even if the Defendant borrowed money from the damaged party due to the absence of any specific property in the state of default, the Defendant did not have any intent or ability to repay it at once.

Nevertheless, on December 30, 201, the Defendant, as seen above, received from the injured party the remittance of KRW 40 million from the Defendant’s bank account to the Defendant’s bank account as the borrowed money, around December 30, 201.

Accordingly, the defendant acquired another's property by fraud.

2. The Defendant against the victim F is entitled to pay money to the victim F, who is a member of the same church, in the case of “Yanju church” located in the Dong Dong-dong of the Simn-si on September 2012, 201, and to the victim F, who is the same church.

Since it is impossible to make a transaction in the name ofp, the principal and the profits will be repaid after lending the investment money.

“.............”

However, in the past, the Defendant received money from another person to make a gift transaction, but did total loss, and even if he borrowed money from the injured party, he did not guarantee that he would gain profit, nor did he/she have no intention or ability to repay the money without any specific property.

Nevertheless, on September 7, 2012, the Defendant made a false statement to the victim, and received a remittance of KRW 20 million from the victim to the bank account with the name of the Defendant’s name on September 7, 2012.

Accordingly, the defendant acquired another's property by fraud.

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