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(영문) 서울중앙지방법원 2013.12.12 2013고단4890

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around April 26, 2013, the Defendant, at the D Office located in Seocho-gu Seoul Metropolitan Government C Center 404, made a false statement to the victim E, “The Victim E will pay the registration fees and the home office expenses in 2013 in the 2013 registration fees and the home office expenses of the G University located in the U.S. Manno-L. G University, where the Victim F is attending. The Home Office shall pay the registration fees and the home office expenses before the day.”

However, the fact is that the defendant is a bad credit holder and bears approximately KRW 800 million, and only intends to use the money remitted from the victim for the repayment of the defendant's obligation, and there was no intention or ability to pay the above F's tuition fee or home stete.

The Defendant received money from the victim in the name of the new bank account (Account Number H) in the name of A on the same day from the victim and acquired money from the victim in the name of 2,870,000 won in the name of the above F.

Around July 6, 2012, the Defendant, at the D office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the victim J made a false statement to the effect that “A Study-related business was significantly conducted while using the whole building in Korea and at once, at the D office located in Seocho-gu Seoul Metropolitan Government. However, the Defendant acquired a company related to education listed on KOSDAQ and went back to the detention center due to the wind that the company is able to lose. The Defendant is bound again if 15 million won is not repaid. The Defendant would be liable to pay interest if 15 million won is loaned.”

However, in fact, the Defendant did not have to pay 15 million won to the Defendant, and the Defendant tried to use the money borrowed from the victim as gambling funds from the Gangwon Islands located in Gangwon-do. At the time, approximately KRW 400 million was borne by the Defendant, and there was no intention or ability to pay the principal and interest of the money borrowed from the victim in a normal manner.

The Defendant, as such, deceiving the victim and deceiving it from the victim on July 9, 2012, shall be a new bank with the name of the Defendant for the purpose of borrowing from the victim.