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(영문) 춘천지방법원 영월지원 2014.11.14 2014고단408
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2005 to 2012, the Defendant served as a regular manager in CF in Gangwon-gun B.

1. Around May 22, 2009, the criminal defendant against the victim D stated that the victim CF would pay proceeds by lending money to the victim D with a loan as security, and the principal will be repaid even if the loss occurs.

However, in fact, the defendant had already suffered damage more than 50 million won due to stock investment, and there was no intention or ability to repay principal to the victim in case of loss due to an excessive debt at the time.

Nevertheless, on May 25, 2009, the Defendant received KRW 1220 million from the victim as the loan borrowed around May 25, 2009.

Accordingly, the defendant deceivings the victim and received property.

2. On July 2010, the Defendant said that “If the Defendant lent KRW 50 million to the Victim E, he would have invested in the claims of the Fund Operating Company operating the Agricultural Cooperative Fund, and would return the principal after six months.”

However, in fact, the defendant was planning to invest the borrowed money from the victim in the shares, and there was already a loss of 100 million won or more due to the stock investment, and there was no intention or ability to repay the principal to the victim in case of loss due to the excessive debt at the time.

Nevertheless, on August 12, 2010, the Defendant received KRW 32 million from the victim as the loan borrowed around August 12, 2010.

Accordingly, the defendant deceivings the victim and received property.

3. On October 8, 2010, the Defendant: “Around October 8, 2010, at the victim company’s office located in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, 901-1, the Defendant borrowed KRW 4 million to pay KRW 200,000 per month during the period of 36 months.”

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