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(영문) 서울동부지방법원 2018.10.11 2017고단1577

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2017 Highest 1577"

1. Crimes against the victim B;

A. On June 17, 2013, the Defendant, at a construction site office located in the Crossing-gun, Gangwon-do, for the victim B, “if the construction is completed, the money is needed more, and if there is money, it is difference only in the name. A few hundred billion loans will be available upon completion of the construction work.

It is intended to receive and return a loan.

Even if it is not so, it was false that the money is coming to another place in the diameter.

However, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party without any clear financing plan to cover about 200 million won with the personal debt of 200 million won at the time.

On June 17, 2013, the Defendant: (a) by deceiving the victim; (b) transferred KRW 26,000,000 to the national bank account in the name of D on June 17, 2013; (c) received cash KRW 3,00,000 from the said construction site; and (d) acquired the total amount of KRW 29,00,000 from the victim.

B. On August 17, 2015, the Defendant made a false statement to the victim B by leaving a phone to the victim B, and “only 800,000 won, if the Defendant met at this time, he/she may complete the construction and return money.”

However, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party without any clear financing plan to cover about 200 million won with the personal debt of 200 million won at the time.

As such, the Defendant, by deceiving the victim, received KRW 500,000 on August 17, 2015 from the victim, and transferred KRW 300,000 on August 17, 2015 to the account under the name of each Defendant, and acquired KRW 800,000 in total.

2. The Defendant committed a crime against Victim E.