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(영문) 서울서부지방법원 2017.01.18 2015고단2424
사기
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

"2015 Highest 2424"

1. The sole criminal conduct of Defendant A;

A. On October 26, 2009, the Defendant would pay 250% of the profits equivalent to KRW 100 million out of the equity investment in HK (P.P.) in the international financial program of HK (P.P.P.) in which he/she is proceeding to the victim D who became aware of business at a non-place of business on October 26, 2009.

“False speech was made to the effect that it was “.”

However, the defendant's KRW 100 million interest is not actually invested in KRW 100 million, but it is a contribution share recognized as a result of successful investment in the above program. The above program is not feasible because there is no profit-making but there is no possibility of realizing the above program. In addition, the defendant did not have an intent or ability to repay the above amount even if he borrowed money from the damaged person due to the lack of property or income owned by bad credit holders at the time of borrowing the above amount.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the SC bank account in the name of E, a borrowed account, as the borrowed money on the same day.

B. On September 27, 2010, the Defendant would lend his/her child study expenses to the said victim at a non-permanent place until December 20, 2010.

“False speech was made to the effect that it was “.”

However, the Defendant did not have any intent or ability to repay the money borrowed from the injured party on the date of the promise, even if he borrowed money from the injured party for the same reason as the preceding paragraph

Nevertheless, the Defendant, by deceiving the victim as such, received 15 million won from the victim to the bank account of F-person who is a borrowed account on the same day as the borrowed money from the victim.

(c)

On April 18, 2011, the Defendant entered the victim’s “400% of the investment amount (the sum of KRW 4.4 billion and interest) from the side of Italy G” at an infinite location.

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