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(영문) 수원지방법원안산지원 2020.09.16 2020고단1213
사기
Text

A defendant shall be punished by imprisonment for three years.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 1, 2018, the Defendant made a false statement to the victim D that “The principal will be repaid when wishing to lend the money.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would repay other obligations with the so-called “competence,” and there was no intention or ability to repay the money due to the absence of any particular income or property.

Nevertheless, the Defendant received KRW 10 million from the victim on the same day, and around March 29, 2019, KRW 10 million from the victim to the E bank account (F) in the name of the Defendant, etc., and received a total of KRW 470 million from the victims, as described in attached Table 1 of the List of Crimes.

Accordingly, the defendant received property from the victims.

"200 Highest 1529"

1. On December 2018, the Defendant committed the crime against the victim G stated that “If he/she lends money, he/she shall make an investment in a person who lends money, he/she shall pay the 5-month interest, and return the principal after one year, he/she shall return it.”

However, even if the defendant received money from the victim, he/she thought that he/she used the money for personal purposes, such as living expenses of the defendant, or repaid the money to another person who delivered the money to the defendant prior to that, and there was no intention or ability to repay the money due to the absence of any particular income or property.

Nevertheless, the Defendant, as above, makes a false statement, and the Defendant’s affiliation from the victim KRW 55 million around January 1, 2019, and the same year.

3.31. Minority KRW 10 million, and the same year.

5. Around 31.3, a sum of KRW 75 million, including KRW 10,000,000, was remitted to the E-bank account (F) in the name of the accused.

2. The Defendant committed a crime against the victim H on February 2019.

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