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(영문) 춘천지방법원 원주지원 2016.11.22 2016고단841

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Criminal Power) On January 27, 2016, the Defendant was sentenced to one year and two months of imprisonment by the Incheon District Court for occupational embezzlement, etc., and the judgment became final and conclusive on February 4, 2016.

(Criminal Facts)

1. Around March 21, 2011, the Defendant made a false statement to the victim E, stating, “A” office located in Jung-gu Incheon Metropolitan City, Jung-gu, “D” and “I would pay money if you invest money in the money exchange business.”

However, in fact, the defendant was planned to use the money received from the victim for bond play, and even if the money was received from the victim, the defendant did not have the intent or ability to give profits to the victim by investing it in the money exchange business.

As above, the Defendant, by deceiving the victim, received KRW 30 million in cash from the victim, at an unsound place on March 21, 201, and received KRW 5 million from the bank account under the name of the Defendant on April 18, 201, and received KRW 2 million in cash from the same account on April 21, 201, and received KRW 37 million in total from the same account around April 21, 201.

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

2. Around March 24, 2011, the Defendant entered into a false statement that “A” office located in Jung-gu Incheon Metropolitan City, Seoul, requires KRW 10 million to the victim E with expenses for marriage wedding. A married couple around May 201, 201, he/she would immediately repay his/her funeral when his/her funeral is terminated and his/her funeral is settled.”

However, the Defendant had the amount of unpaid taxes of KRW 200-30 million at the time, and the Defendant did not have the intent or ability to repay the unpaid taxes even if he borrowed KRW 10 million from the victim due to economic circumstances such as the amount of KRW 20 million to be repaid to the Guarantee Insurance Company.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million in cash from the victim at a non-permanent place around March 24, 201.

Accordingly, the defendant deceivings the victim.