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(영문) 서울남부지방법원 2018.06.20 2017고단1476
사기등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Of the facts charged in the instant case, KRW 20 million on October 22, 2013 and KRW 20 million on October 22, 2013.

Reasons

Punishment of the crime

[2017 Highest 1476]

1. Around September 13, 2013, the Defendant against the victim E made a false statement to the victim E, “When the Defendant purchased the Republic of Korea US$, the remainder Gong, Mamond, etc. and charged money to an account designated within this country because he/she would be disadvantageous to the money, the principal will also be guaranteed, and the higher interest will be given.”

However, in fact, the Defendant did not have to purchase USD, South Gongdle, Mamond, etc., and only thought that most of the money received from the victim E was used for personal purposes, such as living expenses, etc., and did not have any intention or ability to guarantee principal or to not pay high interest.

Nevertheless, on September 13, 2013, the Defendant, as seen above, received KRW 5 million from the victim E to the H bank account (I) in the name of the Defendant around September 13, 2013, from the victim E, and subsequently acquired KRW 370,429,00 from that time to July 14, 2014 via the Defendant’s above H bank account in the name of the Defendant and K bank account (L) in the name of J, such as (i) the crime list, from July 14, 2014.

2. On October 22, 2013, the criminal defendant against the victim B made a false statement to the victim B as prescribed in paragraph 1, and E made such a statement to the victim B. On January 2, 2013, the criminal defendant made a false statement to the victim B as prescribed in paragraph 1.

However, as in paragraph 1, the defendant did not have any intention or ability to guarantee the principal or to deny the principal as a high interest.

Nevertheless, the Defendant, as above, received KRW 15 million from the victim B to the K bank account under the name of J as stated in paragraph (1) from the victim B on January 23, 2014, and subsequently, received KRW 50 million in total from the victim B, either directly or through E, from the victim B to October 2, 2014.

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