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(영문) 서울중앙지방법원 2019.05.23 2018고단8731
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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

around September 9, 2008, the Defendant stated that “Around September 9, 2008, the 2018 Highest 8731” was the victim M in the 5th floor restaurant of C hotel in order to promptly purchase the O shares in the name of intermediary N. When borrowing money, the Defendant later stated that “A person would dispose of the shares and pay 4.6 million shares.”

However, in fact, the defendant was thought to use money from the victim for gambling, and all real estate, etc. identified in the name of the defendant was seized and did not have property value, and the property was concealed at the time, so there was no intention or ability to repay the borrowed money.

The Defendant, as such, by deceiving the victim, received a total of KRW 270 million from the victim, including KRW 90,000 on September 9, 2008, KRW 180,000 on September 12, 2008, and KRW 270 million on September 12, 2008.

around September 2, 2018, the Defendant stated that “The principal and interest shall be repaid five percent after one week from the loan of 100 million won to the victim P,” at C hotel in Gangwon-do, and that “The principal and interest shall be repaid five percent after one week from the loan of 100 million won.”

However, in fact, the defendant was thought to use money from the victim for gambling, was responsible for excessive debts compared to the property held at the time, and the defendant was planned to flee to the United States due to the burden of debt, so even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 27 million from the victim to the new bank account in the name of the Defendant, and received KRW 307,500,000 in total nine times from that time until September 10, 2018, as shown in the list of crimes in the attached Table.

Summary of Evidence

"2018 Highest 8731"

1. Defendant's legal statement;

1. An interrogation protocol of the defendant or M with the police officer;

1. Each police statement concerning M;

1. Written request for payment: 2019Nomen840;

1. Defendant's legal statement;

1. Statement of the police statement on P;

1. Written confirmation of transfer transactions;

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