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(영문) 의정부지방법원 2013.05.08 2012고단1701

사기등

Text

The crimes of the first and second provisional crimes in the judgment of the defendant shall be punished by imprisonment with prison labor for four months, and the crimes of the second and third through six of the judgment.

Reasons

Punishment of the crime

【Criminal Power】 On June 19, 2009, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the Jung-gu District Court for the purpose of fraud, and the judgment became final and conclusive on June 27, 2009.

【2012 Highest 2931】

1. Fraud to victims E;

A. On December 2005, the Defendant made a false statement to the victim E at a coffee shop near the river basin located in the Gwangjin-gu Seoul Special Metropolitan City, stating that “If the Defendant lends KRW 15 million to the victim E, 10% interest per month shall be given on shares, etc., and the principal shall be repaid within one year.”

However, the fact was merely intended to repay the personal debt of the defendant or to use it for the hospital expenses of the children, and there was no intention or ability to repay the principal and interest to the victim by investing in the stocks, etc.

The Defendant received 15 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

B. On June 2006, the Defendant: (a) made a false statement to the victim in the same manner at the place described in the foregoing paragraph (a); and (b) received 15 million won from the victim, i.e., as a loan, from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

【2012 Highest 1701】

2. Fraud against victim F;

A. On July 30, 2008, the Defendant made a false statement to the victim F’s house at G apartment 102 Dong 1007, and the victim’s house at G apartment 102 Dong 1007, the Namyang-si, the Namyang-gu, the Namyang-gu, the Defendant made a false statement to the effect that “if one million won is invested, 200 million won

However, in fact, the defendant did not have the intention or ability to make profits available to the victim because he thought that he will use it in repayment of personal debt with money from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained 2.7 million won in cash from the victim, and acquired 2.3 million won in total from the account of the Defendant’s name to the account of the community credit cooperative in the name of the Defendant, and acquired 2.3 million won in cash from that time to April 28, 2009.