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(영문) 서울서부지방법원 2013.06.14 2012고단2384

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Fraud against the victim C [2012 Highest 2384] The Defendant is a person working as the head of the business division of a corporation D, a person who produces supplies, etc., and the victim C is a person who has operated E who imports supplies, etc., such as crypers and supplies, etc. in Australia.

On September 201, the Defendant made a false statement to the victim in Australia, stating, “The purchase cost for the 8th Armed Forces shall be added to the principal within one month of the week,” by telephone, to the victim in Australia.

However, in the circumstances where money is needed, since money is received from the victim with a false statement and used to repay personal debts, there was no intention or ability to purchase fundamental resources and to reduce the principal and profit.

On September 8, 2011, the Defendant, by deceiving the victim, received KRW 9.6 million from the victim’s account under the name of the Defendant.

B. On September 29, 201, the Defendant made a false statement to the victim that “Notwithstanding the absence of the intent or ability to reduce the principal and profit as above, if he remitted money, he would purchase an additional 9 collateral for the formation of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation for the establishment of a foundation, and would give profits

2. Fraud against the victim G (2013rd group751) made a false statement to the victim G by telephone from the D office located on the second floor of the H building in Mapo-gu Seoul, Mapo-gu, Seoul, on July 2012, 2012, that “When transferring KRW 1 million to contract deposit, five 50,000,000,000,000,000 won per 5,000,000 won per unit.”

However, in a situation where money is needed, the Defendant did not have the intent or ability to sell the foundational matters, as agreed to the complainant, since the Defendant received one million won as the down payment by making a false statement to the victim and used it in paying personal debts to the victim.

As above, the Defendant deceivings the victim, and thereby deceivings the victim, one million won as the down payment on July 20, 2012 from the victim.