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(영문) 서울중앙지방법원 2019.07.11 2018고단7258
사기
Text

Defendant

A A shall be punished by a fine of 6 million won, and Defendant B shall be punished by a fine of 2 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On March 22, 2018, Defendants A made a false statement to the victim C that “When investing money to be used for the issuance of balance certificate necessary for studying Canada, Defendant A may receive a high-level interest equivalent to 6% of the amount invested and the principal may be returned at any time, at each three weeks of the investment amount. Furthermore, Defendant A made an investment in money and the family-friendly relationship with her own interest. I would make a false statement to the son that he/she would make an investment in money.”

The victim was able to hear the above horses and invest KRW 20 million to Defendant A, and Defendant A asked the victim to use the balance certificate necessary for studying Canada and to pay high interest if the victim lent money to Defendant B who works as the vice president of the U.S. Research Institute. Defendant B asked the victim to do so. Defendant B called the victim at a place in the same day and called the victim to issue a balance certificate necessary for studying Canada, and the Defendant used the money received from the victim to pay high interest to the victim directly.

However, in fact, the Defendants did not have any intent to use the money received from the victims for issuing a balance certificate necessary for studying in Canada, and there was no intention or ability to repay the principal and interest of the investment as promised to the victim.

As a result, the Defendants conspired to deception the victim as such, and the deceiving the victim was transferred to the bank account in the name of the Defendant A on March 22, 2018 and acquired 20 million won from the victim.

2. On April 13, 2018, Defendant A’s sole criminal defendant stated that “The victim C had an opportunity to receive higher interest, which would exceed KRW 10 million, with the victim C’s message.”

However, the defendant did not have any intention to use the money received from the victim for issuing a balance certificate necessary for studying in Canada.

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