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(영문) 서울남부지방법원 2013.11.05 2013고단1765

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2013 Highest 1765]

1. On August 8, 2011, the Defendant made a false statement to the victim C by phoneing the victim C, and to the effect that “B will pay interest on KRW 20-30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

However, the fact was that the defendant did not have the intent or ability to invest in the casino, and the money received from the victim was scheduled to be used as the defendant's living expenses and debt repayment.

As above, the Defendant, by deceiving the victim as above, received KRW 4,00,000 from the victim on August 8, 201, KRW 20,000,000 on August 22, 2011, and KRW 1,000,000 on September 18, 201 from the victim to the new bank account (E) with D’s name, and fraudulently acquired KRW 25,00,000 in total.

2. On February 4, 2010, the Defendant made a false statement to the victim H at the “G” coffee shop located in Gangseo-gu Seoul Metropolitan Government F, stating that “The Defendant is a woman of divorce, who owns an I apartment 42 square meters, and actually engages in the friendly flab flab in the form of friendly flab, thereby having an attorney-at-law and a certified judicial scrivener, and doing the corporate bonds business. Whether each other becomes aware is a matter of interest, and whether it is difficult to live at the monthly salary of the company members. In particular, the Defendant made a false statement to the effect that “The Defendant would increase the amount by granting five-minute interest by paying the friendly flab.”

However, the defendant did not own the 42-I apartment, and there was no intention or ability to pay interest by conducting corporate bonds with the money of the victim, and the money received from the victim was scheduled to be used for the defendant's living expenses and debt repayment.

As above, the Defendant, by deceiving the victim, received 10,000,000 won from the Agricultural Cooperative (J) under the name of the Defendant on the same day, and made false statements from around that time to December 4, 2012 as indicated in the list of crimes.