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(영문) 의정부지방법원 고양지원 2016.11.11 2016고단1356

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 8, 2014, the Defendant, against the victim C, made a false statement to the victim C, who became aware of via Internet car page at an unspecified place, stating that “The Defendant would make a sales of heavy automobiles, and make profits from the sales of the vehicle with the intention to make a payment to the victim C, only if he/she lends 10 million won for the purchase of the vehicle.”

However, the defendant thought that he will use the money that he resells the vehicle for the KIKO operating expenses that he newly opened, and even if he purchases the vehicle from the victim, he did not have the intent or ability to divide profits into profits to the victim or to pay the money to the victim.

As such, the Defendant, by deceiving the victim, was issued KRW 9.9 million on the same day from the victim, and KRW 70,000 on August 10, 2014 from around that time to April 27, 2015, and was issued KRW 84,864,160 in total from the victim as indicated in the crime list.

2. On September 30, 2014, the Defendant made a false statement to the victim of the victim D that “I will make half of the profits if I make an investment in the amount of money KRW 25 million, in the F convenience store operated by the victim in the victim in the case of Pakistan, “I will obtain a code number from which I will purchase Irrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

However, the Defendant, at the time, was in economic situation to the extent that he had entered into a contract, and was willing to receive money from the victim to use it for personal purposes, such as the above deposit, so even if he received money from the victim, he did not have any intent or ability to divide profits by purchasing high-priced heavy vehicles and then making profits to the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the national bank account in the name of his/her own Dong G bank account with the amount of KRW 15 million on October 1, 2015 and KRW 10 million on October 1, 2015.

b)a summary of the evidence;