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Reasons
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(영문) 서울중앙지방법원 2015.05.14 2014고단8740
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On August 30, 2010, the Defendant stated that “When investing money, the Defendant will give 2% interest per month as profit and return the principal of the investment after 20 months” to the victim in Nam-gu, Busan.

However, there was no special property in the name of the defendant at that time, there was no certain income, and the funds required for the investment were not secured, and there was no intent or ability to guarantee the payment of profits and principal for the investment to the victim because there was no investment source which could ensure the profit-making.

Nevertheless, the Defendant deceivings the victim as above and received KRW 50 million from the victim to the Busan Mutual Savings Bank account under the name of the Defendant on the 31st of the same month.

B. On September 2012, 2012, the Defendant stated that “The Defendant would lend money to the Defendant in the G Office located in Busan Shipping Daegu F, Inc., Ltd., Ltd., “I would have no monthly pay to the employees. I would like to pay the money.”

However, in light of the property status as seen in the preceding paragraph at that time, the Defendant did not have the intent or ability to repay the borrowed money, and there was no intention to use the money as employee’s benefits.

Nevertheless, on September 27, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s account of the said Busan Mutual Savings Bank.

2. On June 2012, the criminal defendant against the victim H stated that “If he/she lends KRW 40 million to B, he/she will pay interest on the second part of the month, and he/she will repay the principal by the end of December of this year.”

However, there was no special asset in the Defendant’s name at that time, and there was no certain income, and the Defendant was liable for the principal and interest of approximately KRW 75 million to C as stated in the above 1.

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