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(영문) 청주지방법원 2019.05.09 2019고단653

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 25, 2016, the Defendant sentenced Cheongju District Court to six months of imprisonment for fraud, and completed the execution of the sentence on February 28, 2017.

1. Around July 2017, the Defendant made a false statement to the victim C (the 74-year-old) in the Cheongju-si Office for Sale of the Btel Model Office of Cheongju-si stating that “Seoul is operating a small and medium enterprise D, which is located in Seoul, income from overseas low prices, such as a master book, hair, fry, bail tin, etc., and supplies it to the department store. When investing money, the Defendant paid double to 2.5 times the profits in proportion to the investment amount. The principal will be repaid within 29 weeks.”

However, the above company did not exist, and the defendant thought to use the investment money for living expenses, etc., so there was no intention or ability to pay the profit normally or return the principal to the victim.

Around July 20, 2017, the Defendant, by deceiving the victim as above, received KRW 15,000,000 from the victim’s E-Union account (F) in the name of the Defendant, and received KRW 15,00,000 from around July 20, 2017 to around August 30, 2017, and acquired KRW 115,20,000 in total on seven occasions, as shown in attached Table 1.

2. Around September 12, 2017, the Defendant made a false statement that “The Defendant would immediately repay money to the said victim if he/she lends money to the said victim because he/she would be urgently required to do so.”

However, as the Defendant had to pay money to the victim of another fraudulent case without any other property or monthly income at the time, the Defendant did not have any intention or ability to pay the money immediately even if he borrowed money from the victim.

As above, the Defendant deceivings the victim and transfers KRW 2,00,000 from the victim to the above E-Union account under the name of the Defendant on the same day.