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(영문) 서울중앙지방법원 2015.05.01 2014고단4267

사기

Text

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

Reasons

Punishment of the crime

1. On June 2009, the criminal defendant acquired funds by fraud, at a restaurant operated by the victim D, located in C private letter or premises located in Dongjak-gu Seoul Metropolitan Government, the victim knew that 400 million won was stolen, and it does not amount to KRW 400 million because the victim knew that 400 million was stolen. The defendant made a false statement to the victim that "it would not be at least KRW 400 million because she could sell the facility at home, and if only she sold the facility to sell the facility, she would have to pay back the cost of transportation and activity that she could carry out within the facility."

However, in fact, the Defendant did not have any property at the time and did not have any other property, and did not have any intent or ability to pay the victim with the money borrowed from the victim as above, because the Defendant lives with the help of other persons for 10 years and without any specific income.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 50,00 from the victim as activity expenses around June 1, 2009, and thereafter, from that time until December 26, 2010, acquired money in the name of 25 times and 50,000 won each month from the victim in the same manner, and acquired money in the name of activity expenses by deceptioning KRW 2,375,00 in total.

2. Around September 2009, the Defendant acquired food by deceptioned the victim with the following false words: “The Defendant shall be liable to pay the victim with the money that he/she was satisfyed, with the money that he/she was satisfyed, with the money that he/she was fully repaid, with the meal expenses that he/she

However, the defendant did not have any intent or ability to pay or pay the amount of money that the victim was guilty, as stated in the above paragraph (1).

Nevertheless, the Defendant, by deceiving the victim, received food equivalent to KRW 20,000,00 from the victim on September 1, 2009. From that time, until December 26, 2010, the Defendant received food equivalent to KRW 20,000 per day from the victim through the same method, and acquired the total amount of KRW 9,620,00 by deceiving the victim.

3. The accused shall be obtained by deception.