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(영문) 수원지방법원 2018.11.08 2017고단4519
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 38,606,90 won to the applicant for compensation.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 4233,” was an insurance designer, and the Victim C, from around 2012 to around 2012, was engaged in money transactions on the condition of paying interest at a rate higher than the bank interest rate. On July 2016, the Defendant was urged to urge the victimized person to pay all of the money when he was unable to repay the debt amounting to approximately KRW 150,000,000,000, and instead, he was able to obtain money by fraud by borrowing additional money.

On July 7, 2016, at the office of the defendant in Gangnam-gu Seoul Metropolitan Government (3rd floor of DD building) around July 7, 2016, the victim calls to the victim to gather money from many people and make investments to the chairperson who knows. The head of the party branch is difficult to deduct the money invested by the President, so it is possible to lend the money to the President, but it is possible to repay the existing principal.

If additional money is borrowed, the principal and interest shall be paid without covering the money that has been lent to the existing.

“Falsely speaking, the Plaintiff received KRW 30 million from the injured party on the same day, KRW 50 million on July 11, 2016, and KRW 130 million on August 1, 2016, including KRW 50 million on the same day, respectively, from the Defendant’s E bank account under the pretext of borrowing money.

However, even if the victim borrowed money from the victim, it was merely the Gu that made an investment in the name of the National Assembly member, and rather, at the time, there was a debt to repay the amount equivalent to KRW 115,00,000,000 that he/she borrowed from or received an investment from the others, but even if he/she additionally borrowed money from the victim due to the shortage of full payment, he/she would be used for the so-called “return prohibition”, such as appropriation of principal and interest to another debtor. If the victim was given a proper notice of this fact, it was sufficiently anticipated that the victim would not lend additional money to the victim while he/she delayed the repayment of the amount that he/she lent to the existing.

Accordingly, the Defendant is the victim as above.

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