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(영문) 서울중앙지방법원 2018.05.10 2018고단1055
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 2014, the Defendant, without any particular property, was in the amount of KRW 50,00,000 and KRW 10,000,000,000,000,000,000,000 for the financial term and the personal debt at the time, and did not have the intent or ability to pay investment profits, or to repay the borrowed money, and even if receiving the investment or the borrowed money, it did not think that the Defendant would invest in the lending car business, but rather would have used it to pay for living expenses

Nevertheless, the defendant, by deceiving the victim B as follows, obtained a total of KRW 50,1100,000 from the victim, and acquired it by fraud.

① On April 8, 2014, the term “in the event of an investment of KRW 20,000,000,000,000,000 to be made to the victim at the Cheongyang-ri branch in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant’s apartment in Cheongpo-si, “In the event of an investment of KRW 2,50,000,000,000,000,000,000,000 won per month, shall be provided to the vehicle within ten days from the date of the investment, and the principal of the investment shall be paid after one year.” On the same day, the Defendant’s apartment in Cheongpo-si, Kimpo-si, Kimpo-si, sent KRW 20,000,000 to the Defendant’s new bank head under the name of the Defendant.” On the same day, the Defendant’s apartment in Cheongpo-si, “I will return the amount to KRW 10,000,00,000.

4. To receive a total of KRW 20 million, including KRW 10 million, in the name of vehicle investment and incidental expenses, from a new bank passbook in the name of each defendant.

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