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Reasons
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(영문) 서울중앙지방법원 2015.11.12 2015고단1968
사기
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A defendant shall be punished by imprisonment for a term of one year and two months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On June 2013, the Defendant was able to live in the D apartment in Gangnam-gu, Seoul, 103 Dong 2203, and the victim C on the condition that he would pay the monthly rent of KRW 2.7 million to the 30 million, and the victim C would be able to move into the D apartment. It would be able to pay KRW 30 million to the 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and paid for the profits of each month. In addition, the Defendant would be able to return the principal at any time, and would be able to do so if she wishes to do so at any time.”

However, in fact, the defendant had no way to make profits equivalent to KRW 2.7 million on a fixed basis, and there was no intention or ability to return the principal to the victim normally because there was no specific property.

As such, the Defendant, by deceiving the victim, was transferred from the victim, KRW 50 million on June 27, 2013, and KRW 90 million on August 21, 2013 to the bank account (E) in the name of the Defendant’s father.

2. On September 2013, at the same place as stated in paragraph (1) of this Article, the Defendant falsely stated that “The victim C does not want to punish KRW 2 million in one month, 100,000,000 in a face-to-face loan and may receive profits for KRW 2 million in one month, i.e., using the amount of money for the third month, and may at any time deduct the principal even before the third month.”

However, the defendant did not have a way to make profits equivalent to KRW 2 million every month on a fixed basis, and there was no intention or ability to return principal to the victim normally because there was no particular property.

The Defendant, as such, by deceiving the victim, received KRW 100 million in total from the victim on September 12, 2013 and KRW 50 million on September 13, 2013 from the said bank account.

Summary of Evidence

1. C’s legal statement;

1. The defendant;

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