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(영문) 의정부지방법원 고양지원 2013.07.17 2012고단1603
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2008, the Defendant told the victim E, who had been employed by the Defendant in Jongno-gu Seoul Police Company D office operated by the Defendant, to the effect that “When investing money, the Defendant issued subordinated bonds with which the principal is guaranteed to the business customer at a national bank in transaction with the company and 8% of the profits have been made, the Defendant would guarantee the principal and the profits by purchasing bonds under the name of the company.”

However, in fact, since subordinated bonds issued by the National Bank were bonds whose principal is not guaranteed at all, and did not think of the purchase of subordinated bonds with the money received from the victim, there was no intention or ability to guarantee the principal and the profits even if they are invested in money from the victim.

On August 1, 2008, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the deposit account in the name of the Defendant’s bank under the name of the Defendant.

On August 8, 2009, the Defendant told the victim of the above D Office that “The proceeds from KRW 1,353,600,000,000,000, which invested in the year of the year, have occurred. It would be able to purchase additional bonds because of high return on profit.”

However, in fact, the victim did not have any profit from the invested money at all, and the victim did not have any intention or ability to guarantee the principal and the profit even if the victim received money from the victim because the victim used the money as an individual first and was able to repay it to the victim one year or more.

The Defendant, by deceiving the victim as such, was transferred from the victim to the deposit account in the name of the Defendant’s bank account under the name of the Defendant, the amount of KRW 10 million on August 13, 2009 and KRW 20 million on August 17, 2009.

The defendant around June 4, 2010, at the above D office around June 4, 2010, "the defendant was unable to make financing smooth to the victim."

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