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(영문) 서울남부지방법원 2015.02.12 2014고단4703
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant is an applicant for compensation of KRW 42,300,000, and the defendant is an applicant for compensation.

Reasons

Punishment of the crime

1. The Defendant was obligated to pay KRW 60,00,000 on the basis of stock investment, and even if having borrowed money, the Defendant was planned to use the money for online gambling, etc., and thus did not have any intent or ability to repay the money even if he borrowed money from the victim C for the purpose of stock investment.

Nevertheless, around May 2013, the Defendant made a false statement to the effect that the Defendant would pay the victim interest at 7% per month through stock investment in an officetel in which the Defendant was residing in Bupyeong-gu Incheon, Bupyeong-gu E.

Around July 2, 2013, the Defendant received KRW 2,00,000 from the victim’s key securities account in the name of the Defendant, and acquired KRW 50,30,000 in total from the above date and time to September 30, 2013, and acquired KRW 25,99,50 in total from the victim D, and KRW 76,29,50 in total, KRW 76,500 in total, from the victim D, as described in the list of crimes.

2. The Defendant had a debt of KRW 60,00,000 in fact, and the Defendant thought to receive a secured loan by using a vehicle purchased at a shortage of money, and thus, there was no intention or ability to repay the loan even if the Defendant received a loan from the Asian Savings Bank, the victim.

Nevertheless, on May 6, 2013, the Defendant: (a) purchased a second class 6,200,000 passenger car in the office of Nam-gu Incheon Metropolitan City FC-204 G, and (b) drafted a loan contract to obtain a loan of KRW 6,20,000 with the victim through the above G, a financial intermediary, and (c) obtained a loan of KRW 6,200,000 from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement D in the fourth suspect examination protocol against the accused;

1. Statement to C by the police;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Orders for compensation;

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