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(영문) 인천지방법원 2015.09.03 2015고단2587

사기

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 31, 2009, the Defendant was sentenced to imprisonment of one year and eight months for fraud, etc. at the Incheon District Court, and was released on November 30, 2009 and passed on February 21, 2010. On May 24, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, and the execution of the said sentence was completed by the government prison on June 9, 2012.

1. Around July 2012, the criminal defendant against the victim C made a false statement to the effect that “I would make an investment in intending to provide a mobile phone loan to the victim at the instant coffee shop located in the Nam-gu Incheon Metropolitan City, Nam-gu.”

However, in fact, the defendant was in bad credit standing at the time and did not have the intent or ability to pay the investment amount to the victim as the promise was made economically difficult.

As such, the Defendant, by deceiving the victim, wired the victim to the Defendant’s national bank account on July 25, 2012, KRW 10 million, KRW 10 million on August 10, 2012, KRW 10 million on August 21, 2012, and KRW 30 million on August 21, 2012, including KRW 10 million.

From November 2012 to May 2013, the Defendant continued to make a false statement to the effect that “if he/she lends additional money to the victim, he/she would necessarily repay it with the amount of KRW 30 million invested in the existing capital,” the Defendant received from the victim to the Defendant’s national bank account on November 23, 2012, KRW 15 million, and KRW 8 million on December 3, 2012, and acquired the money from the Defendant’s new bank account with the Defendant’s will, KRW 28 million, including KRW 5 million.

2. On January 8, 2015, the Defendant against the victim E paid the amount of cosmetics by telephone to the victim by the date of the payment of the cosmetic in advance by the date of the payment of the cosmetic to the victim via a telephone at a shot site not exceeding Incheon, 320 presses, 50 presses, 50 presses, 50 presses, and 500 presses.