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(영문) 서울남부지방법원 2016.02.04 2015고단3884
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

From 2004 to 2004, the Defendant operated the Guro-gu Seoul Metropolitan Government 3rd floor of manufacturing and selling of clothing (ju) D.

1. Fraud to victims E;

A. On December 7, 2009, the Defendant said to the effect that “A law firm G” located in Guro-gu Seoul Metropolitan Government F Building 503 around December 7, 2009, the victim E invested the funds to operate a business manufacturing and selling home-to-day female car sites in an amount exceeding 50 million won. On that occasion, 4-5% of the sales amount shall be paid as profit, and a minimum monthly amount of 2.5 million won shall be guaranteed regardless of the sales amount, and the principal shall be returned without molding until June 30, 2010.”

However, at the time of fact, the Defendant: (a) borrowed bonds due to the low sale of D and failed to repay interest; and (b) borrowed bonds, and (c) borrowed additional bonds, thereby making repayment; (b) did not have any capacity or intent to return the principal by paying the profit in accordance with the agreement, even if no special property exists and the Defendant received the money from the injured party as the name of the investment deposit.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received money from the victim on February 3, 2010, and acquired money from the victim to the national bank account in the name of D (State) on September 14, 2010.

B. The Defendant, in the name of the borrowed money, has received an investment from the damaged party as provided in the preceding paragraph and received an increase in the debt, thereby gradually increasing the debt, and thus, was in a situation where it was difficult to cope with the monthly interest, thereby making 2.5 million won per month a month to receive an additional money by deceiving the damaged party’s trust.

Accordingly, the Defendant, at around November 2010, issued money to the victim at the above (State) D office (“3-4 people engaged in clothing business in the surrounding area, and these people engage in funeral services, and the Defendant immediately paid money to the victim and paid interest.

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