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(영문) 수원지방법원 안산지원 2019.01.23 2018고단2820

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On July 2009, the Defendant made a false statement to the victim that “The Defendant received the replacement of cell phone parts from the E Company, and would receive the payment if he/she would receive the second replacement process.”

However, the Defendant, as a person with bad credit standing, was in flight by stealing F’s personal information as a person designated and notified as a fraud from around 2007, and was in flight due to the aggravation of the financial standing of the above company, and even if he received the payment from the original office due to the aggravation of the financial standing of the above company, he was thought to be used to cover the deficit in operation, and thus, the Defendant did not have any intent or ability to pay the payment even if the victim completes

The Defendant, by deceiving the victim as above, had the victim take charge of processing cell phone parts with a total amount of KRW 7,318,356 from that time until October 2009, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

B. Around August 29, 2009, the Defendant made a false statement to the victim, stating, “The Defendant would lend money to the employee to the employee in return for a loan to the employee.”

However, as such economic circumstances were difficult, there was no intention or ability to repay the borrowed amount.

As above, the Defendant deceivings the victim as above, and thereby, KRW 2 million from the victim as the loan money on the same day, and KRW 1.5 million from September 15, 2009;

9.15.5 million won;

9. 25. 2. 2.3 million won was remitted to D’s account as a sum of KRW 6.3 million.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 23, 2010, the criminal defendant against the victim G was the victim’s business registration certificate as if the victim was the operator of “H”, which is the manufacturer of cell phone parts.