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(영문) 청주지방법원 충주지원 2013.10.18 2013고단315

사기

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant did not have property under the name of the Defendant, and was unable to receive monthly pay, and thus, the Defendant did not have any intent or ability to repay the money or purchase goods from the victims.

1. Fraud against the victim C;

A. On November 201, 201, the Defendant made a false statement to the victim C that “The second floor of the building D was put at auction at the Chungcheong City. It would be possible to be awarded a successful bid.” On January 13:00, 201, the Defendant made a false statement to the victim C at the F Hospital, which is the workplace of the victim in Chungcheong City E, at the F Hospital, the workplace of the victim in Chungcheong City, stating that “In order to carry out an auction of the building, the expenses need to be incurred in selling the building, and the amount of money should be deducted.”

However, there was no fact that the above building was put out of auction, and even if the defendant received money from the victim, he did not have the intention or ability to receive the successful bid for the above building because he thought to consume it as a living cost.

As such, the Defendant, by deceiving the victim as such, received KRW 320,000 from the victim for expenses incurred in conducting an auction on January 10, 2012, as well as KRW 600,000,000 around January 13, 2012, KRW 700,000 around January 16, 2012, KRW 350,000 around February 8, 2012, KRW 2 million around February 14, 2012, KRW 260,000 around April 2, 2012, KRW 180,000 around April 9, 2012, and KRW 240,000 around April 13, 2012, received KRW 86,60,000,000 from the victim.

B. On June 25, 2012, the Defendant made a false statement to the effect that “The Defendant would return the money on the credit card payment settlement date if he/she would make the payment by a credit card of the party to pay the telecommunications cost.”

As such, the Defendant, by deceiving the victim, was issued a national card or a lot card owned by the victim, and using it, did not pay a total of KRW 1,855,520 from June 25, 2012 to August 6, 2012, and did not pay the price.