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(영문) 서울북부지방법원 2013.07.26 2013고단311
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 2011, the Defendant may return the principal to the victim B along with interest at the rate of KRW 15,000,000 per 20,000 won per capital to the investors of futures options. Furthermore, the Defendant borrowed money to the investors in the course of operating the capital of KRW 300,000,000,000, and at the same time, would make the repayment from the capital in the event of losses in the course of operating the borrowed money. If the Defendant is unable to repay the borrowed money, it would be repaid from the victim’s belief that it would be “a loan by taking the name in the name in C as collateral even if the borrowed money is borrowed.”

A. Upon receipt of KRW 370,000,000 on March 9, 2012 and return KRW 311,100,000 of the principal on the same day and interest KRW 280,000,000 to the victim, the remainder of KRW 60,000,000 after borrowing the same;

(b) The same year;

4.25.320 million won received on the same day and returned 280,000,000 won and interest 285,000,000 won to the injured party on the same day, and borrowed 40,000,000 won;

(c) The same year;

6.1.265 million won received on the same day and returned 2.6 million won of the principal and interest 3.5 million won of the principal on the same day to the victim, and thereafter borrowed 59 million won of the remainder;

(d)on the 12 billion won of the 12th day of the same month and return 1.6 million won of the principal and interest 3.55 million won of the principal on the same day to the injured party on the 12th day of the same month, borrowing the remainder of 100 million won;

E. On the 19th day of the same month, the victim received KRW 16 million, and returned 4.1 million interest on the same day to the victim, and then borrowed the full principal amount of KRW 16 million.

However, in fact, the Defendant had the intent to make direct investment in futures options using the victim’s loan, and the capital which the Defendant had been operated due to serious investment losses was in a limited state, and there was no commercial building to be used for the secured loan, and there was no other ability to repay the loan.

Accordingly, the defendant deceivings the victim as above and makes a total of 365 million won over five times.

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