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(영문) 서울동부지방법원 2018.10.05 2018고단682
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On February 3, 2015, the Defendant committed fraud on February 3, 2015, with the victim B, “influences to make stock investments.”

It is intended to lend KRW 10 million to increase the money by investing in the good issue on the face of the lending.

The term "at least the principal will be guaranteed at the time of marriage of the great young children of the old age."

However, even if the Defendant received a share investment from the injured party, the Defendant was planning to consume the amount of KRW 4 million from that time to pay a fine to the Public Prosecutor's Office, and thus, there was no intention or ability to repay the principal even if the total amount of the investment was made by investing shares, as agreed by the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired the money of KRW 10 million from the victim to the bank account (D) in the name of the defendant as the capital investment on the same day.

2. On October 20, 2015, the Defendant, on October 20, 2015, seeks to gather money from the victim B by lending KRW 20 million to the said victim B.

The term "at least the principal will be guaranteed at the time of marriage of the great young children of the old age."

However, even if the Defendant received a share investment from the injured party, the Defendant was planning to consume the total amount of KRW 18 million for personal purposes, such as using it to repay the debt to the existing investors E, and thus, the Defendant did not have any intent or ability to repay the total amount of the investment as agreed by the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 2 million to the bank account (D) in the name of each Defendant on October 20, 2015, KRW 15 million on October 23, 2015, and KRW 3 million on October 27, 2015.

Summary of Evidence

1. The defendant's partial statement in court;

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