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(영문) 서울중앙지방법원 2016.01.22 2015고단7113

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 12, 2012, the Defendant phoneed the victim B who became aware of via the Internet at a sub-section of Gangnam-gu Seoul Metropolitan City (hereinafter referred to as “Seoul”) around January 12, 2012, and took over and operated as a result of the lack of money to take over as there is no money. The Defendant may take over KRW 70,000,000,000 from Gangnam-gu. In so doing, the Defendant made a false statement to conclude a lease contract in the name of aner when sending down down payment.

However, even if the Defendant received money from the above victim, the Defendant did not have the intent or ability to accept the Kaf on behalf of the said victim, and was scheduled to operate the Kafa in the said money.

Nevertheless, the Defendant: (a) by deceiving the said victim; and (b) transferred KRW 3.6 million to a new bank account in the name of the Defendant’s father C as the down payment to take over the car page around January 16, 2012; and (c) received KRW 1.8 million around January 21, 2012 from the Defendant’s new bank account in the name of the Defendant’s seat; and (d) received KRW 5.4 million in total as the down payment, such as receiving KRW 1.8 million from the Defendant’s new bank account in the name of his seat.

2. On February 2, 2012, the Defendant sent the part part payments to the above victim by February 11, 2012, at the home of the above victim located in Seocheon-gu, Seocheon-gu, Seocheon-gu D.

However, even if the Defendant received money from the above victims, the Defendant did not have the intent or ability to pay the money as an intermediate payment to take over the car page, and was scheduled to operate a massage place with the said money.

Nevertheless, the Defendant, as such, received transfer of KRW 10 million from the said victim to the new bank account under the name of the Defendant, KRW 8 million from February 7, 2012, and KRW 26 million from February 8, 2012 as part payments, by receiving each transfer of KRW 8 million around February 8, 2012.

3. On March 5, 2012, the Defendant sent an additional premium to the said victim at the home of the said victim until March 10, 2012.