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(영문) 서울서부지방법원 2014.02.03 2013고정2320

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who works as a delivery member from Kwikset Service Company with the trade name “D” in the five floors of Gangnam-gu Seoul Metropolitan Government C building.

1. On January 16, 2013, the Defendant stated, “The Defendant, in the office of “G” operated by the Victim F, that “It is difficult to have a debt due to the payment. If the Defendant did not pay it, he/she would have a debt due to the payment.” If he/she borrowed KRW 4.5 million from the Plaintiff, he/she would have a debt due to the payment, and if he/she would operate and adjust the company, he/she would have a loan to the Plaintiff, he/she would have a debt worth KRW 180 million.”

However, even if the victim borrows money, there was no intention or ability to repay it.

As above, the Defendant received KRW 4.5 million from January 18, 2013 to a new bank account (Account Number: H; hereinafter “instant account”) in the name of his wife from the victim who deceivings the victim and believed that it is true, and acquired it by deception.

2. On May 12, 2012, the Defendant stated to the victim I that “In Korea, the president of the home company has a large of KRW 180 million, with a large of KRW 100 million, the Defendant would lend money to the victim I at a place where the location is unknown.”

However, even if the victim borrows money, there was no intention or ability to repay it.

As above, the Defendant, by deceiving the victim, received KRW 300,000 from the victim who believed to be true, received KRW 500,000 from the instant account on June 10, 2012, and received KRW 500,000 on July 4, 2012, KRW 10,000,000 on July 25, 2012, and KRW 2 million on January 18, 2013, and acquired it by receiving KRW 4,50,000,00 in total from each payment.

3. On December 2, 2012, at a place where the Defendant was unable to know the place, the Defendant told the Victim J to the effect that “A home company is the president of a home company, and the share of a home company is KRW 180,000,000,000,000,000,000 won.”

However, even if the victim borrows money, there was no intention or ability to repay it.

As above, the Defendant is the victim.