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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On March 26, 2015, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daejeon District Court on April 20, 2015, and the said judgment became final and conclusive on April 20, 2015.
1. 피해자 C에 대한 사기 피고인은 2010. 10. 하순경 경기 부천시 원미구 D에 있는 피고인의 처갓집에서 피해자 C에게 “ 내가 지금 대부 업을 하고 있는데 투자를 하면 3년 내에 원금을 갚아 주고 월 이자 2부 5리를 줄 수 있으니 여 윳 돈 있으면 투자 해 라 ”라고 말하였다.
However, in fact, prior to the operation of a private teaching institute prior to the operation of a loan business, the obligation has been borne by 500 million won. Since the repayment of the obligation has been in arrears, all of the real estate provided as security has no means of voluntary auction commencement, etc., and there was no intention or ability to pay a certain amount of investment return every month even if a large portion of the money invested by the injured party was invested from the injured party due to the use of the living expenses.
Nevertheless, on November 20, 2010, the Defendant: (a) by deceiving the victim; (b) obtained KRW 50 million from the victim; (c) around November 20, 201, the sum of KRW 40 million from the account under the name of the Defendant to the account in the name of the Defendant; (d) KRW 50 million from November 21, 201; (e) around January 21, 201, from January 28, 201 to February 23, 201, the Defendant acquired KRW 240 million from the account in the name of the Defendant; and (e) around June 28, 201 to the account in the name of E, including KRW 40 million.
2. On December 23, 2010, the Defendant made a false statement to the victim H that “The Defendant would pay monthly interest on the part of the Defendant’s office located in the Han-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and even if the Defendant received money from the victim H as stated in paragraph 1, even if he did not have the intent or ability to pay a monthly amount of investment return, the Defendant would not pay a monthly amount of investment return.”
The defendant as above.