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(영문) 의정부지방법원 고양지원 2014.01.23 2013고단1798

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 2012, the Defendant made a false statement to the victim D, “There is insufficient funds to open a scambling with E in the vicinity of the Dongdong-gu, Busan Metropolitan City. If the Defendant borrowed KRW 24 million, the lease contract for the scambling building will be concluded in the name of the party and the interest will be changed monthly.” Moreover, the principal will be paid one year later.

However, the fact was that there was no intention to open a bank with E in the vicinity of the Jungdong-gu Office, and was intended to use the money received from the victim as living expenses or debt repayment, etc., and even if there was no particular property at the time, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received KRW 24 million from the victim as the borrowed money on April 30, 2012, from the Defendant’s agricultural bank account.

2. On June 25, 2012, the Defendant made a false statement that “F will receive money from F 15 days after the transfer of KRW 3 million to F, because F would have been in need of five million, because F would have been in need of five million.”

However, the fact that the F did not lend money to the F, but the defendant lent money to F with the intention of using it from F, and even if there was no particular property at the time, there was no intention or ability to repay money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative Account of F on June 25, 2012.

3. On July 16, 2012, the Defendant made a false call to the victim at a place where it is not known to him/her around July 16, 2012, stating, “If he/she sent five million won to G as he/she is necessary to send five million won, he/she would make payment with F’s money after three days.”