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(영문) 서울중앙지방법원 2018.11.15 2018고단691
사기
Text

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

Reasons

Punishment of the crime

[2018 Highest 691] Around May 12, 2016, the Defendant stated that “The head of E, who currently offers real estate security loans, has been in office in the E division, who is directly using the investment amount of KRW 2 billion in addition to the company, shall pay 3% of the principal and profits between one month and one month.”

However, the Defendant did not work as above E at the time, and did not pay profits by using a separate investment fund, and was thought of so-called “the so-called “the return prohibition” to repay the existing investment funds to other investors with the investment funds. Therefore, even if receiving the investment funds from the damaged party, the Defendant did not have any intent or ability to pay the principal and the profits actually promised.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 50 million from the victim on May 12, 2016 as investment money from the victim; and (c) received from the Defendant F Bank account in the name of F Bank account under the name of F, the Defendant denied; (b) around that time, from October 18, 2017 to October 18, 2017, the Defendant received a total of KRW 430,0920,000,000,000 from around 21 times, as shown in the List of Crimes in

[2018 Highest 3194] On March 2017, the Defendant made a false statement to the victim H through the above D, which invested more than KRW 200 million at the time when he/she was affiliated with the Defendant, that “it would pay KRW 200,000 per share if he/she invested KRW 20,000 in real estate collateral loan.”

However, the Defendant did not have the intent or ability to pay the principal and the profit actually promised, even if he received the investment from the injured party, because the Defendant thought that the Defendant would make a so-called “return” to repay the existing investment funds to other investors, including D with the investment funds received at the time.

The defendant deceivings the victim as above and is therefore making investments from the victim through the above D on March 24, 2017.

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