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(영문) 청주지방법원 영동지원 2015.04.30 2015고단23

사기등

Text

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

An application for remedy by an applicant for remedy shall be dismissed respectively.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around June 2009, the Defendant committed the crime against the victim D made a false statement to the victim D, “The copy machine was purchased to be installed at the university located in Busan and the profit was divided into the school. The principal will be repaid three years after the loan of the copy machine purchase fund.”

However, the intention was to install a reproduction machine or not to purchase a reproduction machine, and even if the victim borrows money from the victim, it was intended to use it for other purposes, not for purchasing the reproduction machine.

On July 21, 2009, the Defendant, by deceiving the victim as such, received 36 million won from the victim as the borrowed money from the victim and acquired it by defrauded.

B. Around July 10, 2009, the Defendant committed a crime against the victim C made a false statement to the victim C by phone, stating that “A person obtained permission to establish an unmanned digital compound machine in Busan District University Yangsan Campus within the premises. If a person lends the purchase fund of the digital compound machine which is 6 million won to one unit, he/she would transfer the profits of KRW 20,000 per day.”

However, the fact was that there was no intention or ability to pay the profit due to the lack of permission for the establishment of the digital complex, and even if the victim borrows money from the victim, it was intended to use it for other purpose than the cost of purchasing the digital complex.

As such, the Defendant, by deceiving the victim and deceiving the victim for the purpose of borrowing money from the victim, obtained a total of KRW 72 million from the victim by remitting KRW 12 million on September 7, 2009, KRW 12 million on September 11, 2009, and KRW 36 million on August 4, 2010.

C. On September 1, 2009, the Defendant was planned to install a reproduction machine to the Victim E at the Defendant’s home located in Busan J apartment No. 101 Dong 2005, Busan, Jin-gu, Busan, for the crime against Victim E.

The price of one reproduction machine is 6 million won, and if the purchase fund of the reproduction machine is invested, it shall be 20,000 won per day.