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(영문) 서울동부지방법원 2017.09.27 2016고단4201

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 17, 2012, the Defendant, at around 14:00 on May 17, 2012, concluded a false statement that “Around May 17, 2012, the Defendant would add the principal and 30% interest to the victim D after three months after he/she had been operating a business in the Philippines, while lending KRW 20 million to the victim D.”

However, the defendant did not have visited the Philippines at the time, and since the business that the defendant told was illegal as the Internet sports soil business, there was no intention or ability to repay the money from the injured party even if he borrowed money from the injured party.

The Defendant received 17,300,000 won from the damaged party to the City Bank account (E) in the name of the Defendant on the same day.

2. On May 31, 2012, the Defendant, who committed a crime on May 31, 2012, sent a phone call to the victim on the street on May 31, 2012, thereby allowing the payment to be made under the same condition.

“A false statement” was made.

However, the defendant did not have any intent or ability to pay money even if he borrowed money from the injured party because the business that the defendant told was illegal as the Internet sports discussed business.

The Defendant received a total of KRW 20 million from the damaged party to the new bank account (G) in the F’s name on the same day and the national bank account (I) in H’s name, each of which was transferred to KRW 10 million.

3. On June 12, 2012, the Defendant, who committed the crime on June 12, 2012, made a false statement to the effect that “The Defendant was using phone calls from the victim on the influencies, and was urgently needed with the business fund, and the amount of KRW 10 million is KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

However, due to the fact that the defendant did not operate the business in the ceiling, even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

The defendant.