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(영문) 대구지방법원 상주지원 2020.04.08 2019고단390
사기
Text

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

except that 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

1. On July 22, 2016, the criminal defendant against the victim B, on July 22, 2016, said, at the victim B’s house located in Yecheon-gun C, that “A lack of KRW 20 million to purchase D products. To lend KRW 20 million to the victim, the criminal defendant would complete payment by December 30, 2016.”

However, at the time of borrowing money from the victim, the Defendant did not have the plan to purchase the money in D, and had the obligation to repay to other persons, and there was no property or income in the name of the Defendant, and there was no intention or ability to repay the money to the victim from the beginning until the date of repayment.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 20 million from the victim as the borrowed money on the same day.

2. Around February 2018, the criminal defendant against the victim E made a false statement to the victim E, “G” located in the F ofY-gun, Yecheon-gun, for investment in real estate located in the Y-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si. As a result, the victim’s investment in this land would benefit from selling. If the Defendant invested only KRW 30 million in this land, he/she will again sell it, and then make up for return KRW 60 million after two months.”

However, in fact, at the time when the Defendant borrowed money from the victim, it was not determined whether the Defendant would make an investment in the said real estate, and accordingly, it was extremely unclear whether a profit that is double the investment money would have accrued, as well as whether there was a profit that should be repaid to other persons, such as the foregoing agreement, and there was no intention or ability to return the invested amount, as in the foregoing agreement, to the victim, or to pay a profit equivalent to twice the investment amount, or to return the invested amount.

In conclusion, the defendant deceivings the victim as above, and is therefore subject to investment from the victim, the amount of KRW 20 million around the 27th day of the same month under the pretext of investment, and the same year.

3.6.2 million won around 6.0 million won;

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