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(영문) 대전지방법원 서산지원 2016.09.08 2016고단14

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

1. On August 2013, the Defendant against the victim B made a false statement to the victim B stating that “When he/she has joined a fraternity operated with 15 units in total in one unit, he/she will pay approximately KRW 15 million to the victim without interruptions in accordance with the sequences, he/she would have the victim join the two units of the above order.”

However, on July 2013, the Defendant, while opening a coffee shop, was liable for approximately KRW 400,000,000, and was unable to pay the fraternity normally. Thus, even if receiving the fraternity from the victim, the Defendant did not have the ability to operate the fraternity normally.

The Defendant received KRW 267,00,00 from the victim on September 10, 2013 as a deposit account, from the victim, to the Agricultural Cooperative Account in the name of the Defendant’s money (Account Number: E). From that time to November 25, 2014, the Defendant received KRW 7,365,000 in total over 28 times as shown in the attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim F;

A. Around September 30, 2013, the Defendant: (a) called “around September 30, 2013, the Defendant made a false statement to the victim F by phone calls from the victim F at a place where it is not possible to know the location below the Seocho-si, Seosan; (b) “G store interior cost is required; and (c) if the Defendant borrowed KRW 3 million, it will be paid as if the Plaintiff were

However, during the period from July 2013 to September 2013, the Defendant, while opening a coffee shop and the Gran shop, was liable for the amount of KRW 450 million,00,000,000, and was unable to pay the amount normally, and the Defendant operated the fraternity by the method of the right to return. Therefore, even if the Defendant borrowed KRW 3 million from the victim, the Defendant did not have the ability to pay it like the payment.