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(영문) 서울중앙지방법원 2015.05.29 2015고단1606
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 1606"

1. Around June 2008, the Defendant related to stock investment made a false statement to the victim G who works in the “F” entertainment tavern located in Gangnam-gu Seoul Metropolitan Government E with a mast in the place, stating that “I would not make a contribution to the shares if I would know that I would know about the shares in Korea. If 70 million won is KRW 70,000,000 to KRW 30,000,000 may be punished within three months.”

However, in fact, the Defendant did not have the ability to pay money with stocks, and only took a debt worth KRW 400 million, and the Defendant used the money received from the victim for personal debt repayment, etc.

As above, the Defendant received from the victim a transfer of KRW 16 million from the victim to the single bank account under the name of the Defendant on August 13, 2008, KRW 50 million on August 21, 2008, KRW 30 million on August 29, 2008, and KRW 96 million on August 29, 2008.

2. On September 17, 2008, the Defendant, at the place under the preceding paragraph, managed the victim’s performance with the “EMH” at the place under the preceding paragraph, and made a false statement to the effect that “The Defendant, upon investment in the performance, would have repaid the performance with the interest on the third part of the last day of the Mamama who was after the termination of the contract,” and “on October 14, 2008, he would have made profits immediately due to the payment of the balance.” In addition, the Defendant made a false statement to the effect that “The amount of money is urgently needed due to H performance. It would have borrowed the money to reduce KRW 120 million after this frame.”

However, there was a situation where “H performance” did not pay any balance, and eventually, the “H performance” contract was reversed due to the Defendant’s remainder payment, and considerable portion of the money received from the victim was used in paying the Defendant’s personal debt.

As above, the Defendant was transferred KRW 91 million from the victim’s account in the name of the Defendant to the single bank account in the name of the Defendant, with the amount of KRW 70 million on September 17, 2008 and KRW 21 million on October 14, 2008.

3. The defendants involved in the electrical bicycle business are the defendants on November 5, 2009.

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