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(영문) 서울중앙지방법원 2018.01.19 2016고단7150
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two 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. Around June 8, 2010, the Defendant: (a) made a fraud; (b) made it known that the victim E, the father of the Defendant, knows the Defendant as an investment expert who has a career in fund management; and (c) made a victim at G hotel coffee shop located in Gangnam-gu Seoul Metropolitan Government F in May 2010, the Defendant only made an investment to the victim and made a profit.

“.........”

However, even if the defendant receives money from the injured party, it was thought that it will be used for personal purposes such as living expenses, and there was no intention or ability to pay profits to the injured party by making normal investments.

The defendant deceivings the victim as above, and thereby deceiving him as such, KRW 10 million on the 20th of the same month under the pretext of investment from the victim, KRW 10 million on the 21st of the same month, KRW 10 million on the 27th of the same month, KRW 10 million on the 28th of the same month, KRW 10 million on the 28th of the same month, and the same year.

6.8. Around August, 2000, a sum of KRW 90 million, including KRW 50 million, was remitted to a national bank account under the name of the defendant and acquired it by fraud.

2. On or around June 9, 2010, the Defendant, on or around May 2010, borrowed KRW 700 to 80 million from the victim E to the victim E, with a view to making a full payment.

“.........”

However, in fact, the defendant did not have any specific property, and even if he borrowed money from the damaged party due to no fixed income, there was no intention or ability to repay it.

The defendant deceivings the victim as above, and took over KRW 50 million from the victim to the national bank account in the name of the defendant on June 9, 2010 as the borrowed money from the victim.

3. On July 30, 2010, the Defendant’s fraud: (a) on July 30, 2010, the Defendant made an investment to the victim E by calling to the victim E in an influence place; and (b) on that basis, there is a good-quality investment source that makes it possible to make a profit by inserting money.

“.........”

However, even if the defendant receives money from the injured party, the defendant's living expenses, etc.

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