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(영문) 수원지방법원 성남지원 2018.05.30 2018고단547

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From April 2014, the Defendant was engaged in the fire equipment business and became aware of victims who were members of the said club while joining the club called "C" in the Seongbuk-gu Seoul Metropolitan City.

1. On May 2014, the Defendant made a false statement to the victim D that “A” playgrounds located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungcheon-gu, Seoul, would have the victim pay the said money after lending money to the victim D as the material cost is urgently required.

However, even if the defendant received money from the injured party, he did not think that he would use the money as a material price for the above fire-fighting facility. At the time, the defendant was in a situation where he was liable for the debt amounting to KRW 50 million without any particular property, and the total construction cost of the above fire-fighting facility was in excess of KRW 20 million, so even if he received money from the injured party, he did not have the intent or ability to pay the borrowed money to the injured party.

Ultimately, the Defendant, as seen above, received KRW 10 million from the victim by deceiving the victim, and received KRW 10 million in cash from the victim, around May 4, 2014, around November 4, 2014, KRW 10 million around November 5, 2014, and KRW 1 million around November 6, 2014, respectively, and acquired KRW 5.4 million in cash from the first 5.4 million after receiving KRW 5 million in cash.

2. Fraud against victim G;

A. On November 26, 2014 - January 19, 2015, the Defendant concluded that the Defendant would pay the said money by receiving the payment of the said money after lending the said money to the Victim G in the “C” playground located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City on November 26, 2014. < Amended by Presidential Decree No. 25781, Nov. 26, 2014>