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(영문) 서울북부지방법원 2015.01.30 2014고단2140
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. Around March 19, 2013, the Defendant committed the crime against the victim C made a false statement to the victim C at the Defendant’s office located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, stating that “I will pay 3% interest of the principal of each share if I lend money.”

However, in fact, since it was impossible to obtain the above profits through card-based tin, it was thought that the above money was used for living expenses or returned by other investors' earnings, etc., there was no intention or ability to pay the principal and the profits normally even if the above money was received from the victim.

As of March 19, 2013, the Defendant received a total of KRW 365,110,000 from the victim to the corporate bank account in the name of the Defendant, as well as from the date and time to June 14, 2013, the Defendant received a total of KRW 365,110,000 from the victim to the corporate bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. 피해자 E에 대한 범행 피고인은 2013. 3. 12.경 서울 동대문구 F에 있는 피고인의 사무실에서 피해자 E에게 ‘무속인들이 일을 하려면 돈이 많이 필요한데 급전으로 빌려주고 고리의 이자를 받는다. 여윳돈을 나에게 투자하면 매달 8%의 이익금을 챙겨주겠다‘고 거짓말을 하였다.

However, in fact, since it was impossible to obtain the above profits through card-based tin, it was thought that the above money was used for living expenses or returned by other investors' earnings, etc., there was no intention or ability to pay the principal and the profits normally even if the above money was received from the victim.

On March 12, 2013, the Defendant received KRW 10 million from the victim to a new bank account in the name of G in the name of the Defendant as the Defendant, as well as from the date and time to June 13, 2013, as stated in attached Table 2.

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