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(영문) 의정부지방법원 고양지원 2015.01.16 2013고단1070
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 2007, the Defendant was running a bond-backed business with the name of "C" as referred to in Article 814 of the building B in Goyang-gu, Ilyang-gu, Ilyang-si, Busan Metropolitan City, with the annual interest rate of 17-20% from investors, and was running a business of lending money from investors at the annual interest rate of 24-30% from investors, and the accumulated amount of bad debts is too much more difficult to repay the principal and interest of the Defendant's existing investors in normal business because the accumulated amount of bad debts occurred in March 201, and thus, it was difficult for the Defendant to pay the principal and interest to the victims D by making a false statement, and was able to use that money for the repayment, etc. of the principal and interest to the existing investors.

On March 7, 2011, the Defendant called the victim at the above “C” office on a time basis, and was aware that there are many safe places in which surplus funds are used for a long term. On the loan of money, the Defendant made a false statement that 17% annual interest would be paid to DC by setting off bonds at a high interest rate.

However, at the time of fact, the sum of the principal that the defendant had not repaid to the existing investors who had borrowed money from the defendant at the time reaches approximately KRW 2 billion, while the sum of the principal and interest that the defendant had not borrowed from the defendant reaches about KRW 1.1 billion, etc., the defendant was unable to repay the principal and interest to the existing investors every month, and therefore, the defendant was in a situation where it was impossible to repay the principal and interest to the existing investors, so there was no intention or ability to repay the interest or principal that he has promised to receive from the victim and to use for the repayment of principal and interest to the existing investors and personal futures option investment, and there was no intention

Ultimately, the Defendant deceivings the victim as above and receives KRW 200 million from the victim to the national bank account under the name of the Defendant on the same day.

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