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(영문) 서울서부지방법원 2013.08.23 2011고단2190

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who resided in a market from around 1983 to July 16, 201, and operated a successful bid system against local students.

1. Fraud against the victim C;

A. On October 9, 1996, the Defendant made a false statement that “If F lends 30,000 U.S. dollars to be received as a fraternity, F will make payment to the victim, who is the husband of F, a successful bidder, to use it for the construction cost of the mother telecom with the construction cost, at the E restaurant operated by the victim C in C, which is located in D at the time of C, the Defendant would make payment to the two copies of the month which is the second day of the next month.”

However, the fact was already used to lend part of the fraternity to the members other than the victim, and even if the victim borrowed money, it was thought that the date of repayment will not be paid immediately, and there was no intention or ability to pay it.

On October 9, 1996, the Defendant, by deceiving the victim as above, obtained the delivery of USD 30,000 from the victim (24,846,00,000,000) x USD 30,000 x 24,846,000 x 30,000 x 24,846,000 on the foreign exchange bank homepage (hereinafter the same).

B. On October 24, 1996, the Defendant, with knowledge that the victim received USD 20,000 from F, who is the wife, at the same place as the above paragraph (a) and concluded that “I will complete payment without any molding as principal, as in the second part of a month after the month when the victim borrowed the construction cost for the telecom construction.”

However, even if the victim borrowed money, there was no intention or ability to repay it.

On October 24, 1996, the Defendant, by deceiving the victim as above, received USD 20,000 from the victim ($ 16,538,000,000). The Defendant received delivery of USD 826.90,000 = 16,538,000.

C. On January 15, 1997, the Defendant: (a) at the same place as the above paragraph (a) above; and (b) at the same place, F, the wife of the victim, USD 40,000,000, the victim’s construction cost is the victim.