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(영문) 수원지방법원 2014.07.16 2014고단1250

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 2010, the Defendant called the victim C, who was aware of the fact through the Internet club, at a non-place where a police officer was in the middle of the 2010, to “a money is needed to start the Internet game business. The Defendant borrowed the 6% interest rate per month to a short-term motor vehicle.”

However, even if the victim receives money from the victim, it was used as the personal cost of the defendant without the intention to invest in full in the Internet game business, or lent it to D, and there was no other ability to pay interest to the victim properly because there was no property or income.

Nevertheless, the Defendant belongs to the victim as above, and around January 14, 2010, the Defendant received delivery of KRW 50 million from the Japanese bank (E) account under the name of the Defendant, and KRW 50 million from January 15, 2010.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

2. On February 2, 2010, the Defendant called the victim of the second police officer to use money to use the Internet game business. The Defendant stated that “The Defendant further borrowed money.”

However, even if the Defendant borrowed money from the victim for the reasons stated in the above paragraph (1), the Defendant did not have any intent to use the money for the Internet game business, and there was no other intention or ability to pay the principal and interest.

Nevertheless, the defendant belongs to the victim as above, and around February 19, 2010, the defendant received KRW 10 million from the victim to the above Japanese bank account of the defendant.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

3. On August 23, 2010, the Defendant made a false statement that “The Defendant would add interest to the Plaintiff’s lending of money to conduct bond business” by phoneing to the victim.

However, since the fact is not equipped with sufficient funds or business networks to conduct bond business, it is also borrowed money from the victim.