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(영문) 서울중앙지방법원 2012.11.09 2012고합670
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 2, 2005, the Defendant stated to the victim E at the D Branch Office in Seoul Special Metropolitan City, Nowon-gu, that “No. 30,000 won or more is limited to a listed company’s bills and bills registered in the Economic Yearbook, and make an investment. It can obtain safe and stable profits. When lending money, the Defendant agreed to the effect that it will guarantee the high profits of 24% per annum.”

However, even if the defendant borrowed money from the above victim at the time, he only intended to use the borrowed money as operating expenses or personal living expenses of the office operated by the defendant, and did not have the intent or ability to leave the proceeds by investing in the listed company in the listed company.

In addition, real estate held by the defendant has little value as collateral because of the establishment of a reasonable amount of collateral security, and the company operated by the defendant has no profit-making so that it is difficult to pay interest on borrowed loan from the victim because it is difficult to pay interest on borrowed loan from the victim, or there was no other way to create profits from the defendant's living expenses, so there was no intention or ability to pay the principal to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received 30 million won from the victim to the deposit account in the name of the Defendant in the bank under the name of the Defendant in the name of the victim, namely, from August 5, 201; and (b) by deceiving 727,40,000 won in total from August 39, 201 through the above method, such as the list of crimes (1) in attached Form 39.

The investigation records No. 46 pages, 56 pages, 56 pages. The amount that the defendant received from the victim through the account shall be calculated on the basis that the amount that the defendant received in the name of F is not the total of KRW 566,15,000 but the total of KRW 621,10,000.

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