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(영문) 인천지방법원 2013.05.01 2013고단1451
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months for a crime of No. 2 as stated in the judgment of the defendant, and imprisonment with prison labor for not more than ten months.

(b).

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2011, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the said judgment became final and conclusive on March 29, 2011.

【Criminal Facts】

1. Around October 15, 2009, the Defendant held on the victim C (the 70-year-old) house of the victim C (the 501-dong 1101-dong 1101) of the Seo-gu Incheon, Seo-gu building B, Incheon, that “I would be able to pay a large amount of money with a stock investment, but at present, there is a lack of funds. I would be able to pay a more interest than the bank if I lend money to B.

However, in fact, around 2009, the Defendant discontinued its business due to the difficulties in the operation of the D Company, used the borrowed money as one’s own living cost due to failure to make a stock investment, and did not mean that the borrowed money was invested in high-risk goods that may incur losses to the victims of old age, and that the borrowed money was invested in the high-risk goods that would incur losses to the principal, and there was no ability to pay the victim with the borrowed money if the loss was incurred due to the stock investment.

The Defendant, as such, by deceiving the victim, was transferred from the victim to the account of his bank by using his bank account in the sum of KRW 10 million around October 22, 2009, and KRW 41 million around November 19, 2009.

2. On February 2, 2012, the Defendant, at the victim’s house located in Seo-gu, Incheon Metropolitan City, 501 Dong 1101, Seo-gu, Seo-gu, Incheon, saying, “I will bring a big benefit to FX currently in operation. I will bring a big benefit to FX investments. I will make an investment in money to you would bring a big benefit through FX investments.”

However, in fact, the Defendant used part of the money borrowed from the victim for his own daily expense due to the economic situation at the time, and the FX M&D transactions are limited to the Defendant’s credit transaction by predicting the exchange rate and making an investment therein, and thus, the Defendant also receives the account in the name of E.

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