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(영문) 서울북부지방법원 2014.04.04 2013고단2635

사기

Text

A defendant shall be punished by imprisonment for not less than three 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. On November 201, 201, the criminal defendant against the victim C stated, “The other accounts shall begin again upon the completion of this accounts. The number tickets are 1.5 million won per month, and the sum of 12 times from November 28, 201 to October 28, 2012 is 10,000 won.” The criminal defendant against the victim C stated, “The last number is the number number and 19.5 million won may be received.”

However, even if the defendant receives money from the victim as a credit payment, there was no intention or ability to pay the victim normally.

As above, the Defendant: (a) from the victim, the amount of KRW 1.5 million on December 24, 201 to the National Bank Account of the Defendant E from the victim; and (b) KRW 1.5 million on January 25, 2012; and (c) the same year.

2. 25.1.5 million won, and the same year.

3. 28.1.5 million won, and the same year.

4. 28.1.5 million won, and the same year.

5. 29.15 million won, and the same year.

6. 28.1250,000 won, and the same year.

7. 28.1.5 million won, and the same year.

8. 1,365,00 won, and the same year;

9. The total amount of KRW 14,365,00 has been delivered over ten times in total, such as the remittance of KRW 1250,000.

2. Fraud against victim F;

A. On January 13, 2012, the Defendant provided that “The Defendant shall lend money to the victim to pay the time limit money by telephone.” The Defendant shall be used for three months and shall be repaid.”

However, even if the defendant borrowed money from the victim because there is no particular property or income, the defendant did not have any intention or ability to repay it.

As above, the Defendant received 1.9 million won from the victim to the above national bank account of the Defendant.

B. On April 19, 2012, the Defendant stated, by telephone, that “The Defendant would provide the victim with an opportunity to pay the credit card price at a premium.” On the other hand, the Defendant would pay the time limit at once up to one month.”

However, since there was no particular property or income, and there was no limit to the defendant's subscription, the defendant is willing to pay the borrowed money to the victim.