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(영문) 부산지방법원 동부지원 2021.01.08 2020고정594
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On February 14, 2019, the Defendant was sentenced to imprisonment with prison labor and four months at the Busan District Court for fraud, and the judgment became final and conclusive on April 8, 2019.

[Criminal facts]

1. On August 10, 2010, the Defendant against the victim B, who was located in the coffee shop located in Busan Shipping Daegu on or around August 10, 2010, managed the private equity fund in C.

여윳돈을 투자 하면 3개월 후에 10% 의 이자와 함께 원금을 보장해 주겠다.

“A false representation was made.”

However, at the time, the Defendant had already been unable to repay the money received from a large number of investors, and was able to use the money received from the victim for the purpose of repaying obligations, not the fund investment, so there was no intent or ability to pay the principal or profit through investment in the private equity fund.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) wired the victim’s total sum of KRW 16 million on August 10, 2010, and KRW 6 million on August 13, 2010 to the Defendant’s account under the name of the Defendant (E).

2. On January 26, 2017, the criminal defendant against the victim F was called from the victim F, who was the victim F, to whom the former victim gave money in the name of the capital investment to the Defendant, and the former victim mentioned that “The money invested before it was maintained in the name of the borrowed-name account of the U.S. security. In order to pay the principal and the profits, it is necessary to terminate the borrowed-name account.

The account shall be terminated within one week on the loan of KRW 10 million and the principal and the profits shall be returned.

“A false representation was made.”

However, the Defendant had already been unable to pay the money from a large number of investors, and had been prevented from returning the money, such as having repaid the money, and did not require the money at termination of the borrowed account, and used the money received from the damaged investors for the purpose of repaying obligations, not the fund investment.

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