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(영문) 서울동부지방법원 2013.04.24 2012고단2603
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 12, 2009, the Defendant incurred loss of KRW 160,000,000 exceeding the principal amount when investing in D Apartment apartment in Hong Kong around April 12, 2009, and even if the purchased shares were unable to be sold until the principal was returned after being loaned as collateral, the Hong Kong Bank did not have any interest in cash, thereby incurring loss to the victim even though he did not have any intent or ability to repay the principal. From the long time before the payment was made, the Defendant: (a) paid interest on three parts of each month if he borrowed money with a stock investment, and (b) fraudulently remitted the principal amount to USD 16,50,000,000 to the Defendant’s foreign exchange account in the name of the FF bank in the name of the Defendant on June 15, 2009; and (c) subsequently, (d) remitted the amount of money to USD 15,500,000,000 won to the Hong Kong bank account in the name of the Defendant on June 15, 2015,50000.

2. On March 4, 2011, the Defendant accumulated losses equivalent to 400 million won in the office of Haak-gu Cheongju-gu Cheongdong-gu Cheongju-si Office from around April 2010. Since the Defendant was urged to pay 15 million won by the creditor E as stated in paragraph (1), even if she borrowed money from the victim E, the Defendant was unaware of his/her intent or ability to pay 2.5% interest per month when she borrowed money to the victim, and immediately paid her refund at any time when she requested her return.” On March 4, 2011, the Defendant made a false statement to the effect that “The Defendant borrowed money to the Defendant’s account in the name of the Defendant, 48.5 million won, and 7.3 million won as the sum transferred from the said account on April 5, 2011 to the Defendant’s account.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each of the defendants;

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