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(영문) 수원지방법원 안양지원 2016.04.05 2016고단181
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On August 201, 201, the Defendant called the victim C, a middle school dong, from an insular city (hereinafter referred to as Ansan-si) to the Defendant, to grant full profits to the Defendant, who will also guarantee that the Defendant would have received money from the Defendant, because there is an issue that would be able to make high profits while making an investment in the present shares.

In addition, the purport that “to return at any time at the time desired” was stated.

However, in fact, although the Defendant invested shares with the investment proceeds received from another person, it was difficult to give the proceeds promised to the investment proceeds because the results are not good, and even if he/she received the investment proceeds from the damaged person, he/she did not have an intent or ability to guarantee the high-profit profit or the principal, as agreed, even if he/she did not receive the investment proceeds from the damaged person.

The Defendant received KRW 3 million from the injured party for investment on August 5, 2011, as well as from around that time to December 22, 2011, a total of KRW 5,60,000,000,000 from around that time, as shown in attached Table 1 of the sight of crimes.

B. On June 2014, the Defendant called the victim C by phoneing it to the victim C, and “When using an individual credit card and attaching a receipt by evidentiary document, he/she would be able to receive the annual research cost from the university. Therefore, he/she would use the four card and deposit it to the money received from the university in line with the payment date.

Freshing and making a payment card to the effect that “I will use and return the card.”

However, in fact, it was possible for the defendant to pay research funds only with a research expense card at the Korea University where he was in school, and the defendant prepared the so-called card with a credit card from the injured party and planned to use the money individually, such as repayment of debts, and promised to receive and use the credit card from the injured party on the date of the resolution.

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