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(영문) 의정부지방법원 고양지원 2019.05.17 2018고단2483

사기

Text

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

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Crimes against victims E;

A. On May 2017, the Defendant made a false statement to the effect that “The Defendant, in the name of the capital investment on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the capital on the 200,000 won on every month.”

However, the defendant did not know the revenue of Dongdaemun, and was a plan to use the said money for stock investment.

On May 11, 2017, the Defendant, by deceiving the victim as such, received KRW 9.5 million from the H association account (Account Number: I) in the name of the Defendant on account of the victim, and acquired it by deceiving the victim on six occasions from the Si to May 18, 2017, as shown in attached Table 1, such as receiving KRW 35 million from the H association account under the name of the Defendant.

B. On December 2017, the Defendant, who is the remaining apartment, made a phone call to the victim at a non-police place, and was unable to receive money. The Defendant made a false statement to the effect that “Isman’s friendship lent KRW 300 million to his/her natives relative, but was unable to receive money. When I want to sell an officetel under his/her name due to the use of money, I would like to sell it.” The Defendant made a false statement to the effect that “Isman’s friendship was used only for two months until the said officetel was sold and paid off KRW 15 million until the said officetel was sold.”

However, in fact, the defendant did not have to lend money to his mother-child relationship, did not have to sell an officetel, and only thought that the defendant would make a stock investment by borrowing money from the victim, and there was no intention or ability to repay the money even if borrowing the above money.

On December 19, 2017, the Defendant, by deceiving the victim as such, obtained money from the victim to the J bank account (Account Number:K) in the name of the Defendant, and acquired it by fraud.

2. The victim C: