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(영문) 서울중앙지방법원 2016.10.18 2015고단2502

사기

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【Fraud of Victim E】 【2015 order 2502】

1. On September 15, 2011, the Defendant made a false statement to the effect that, at the office of G (hereinafter “G”) located on the 3rd floor of the Gangnam-gu Seoul Metropolitan Government F building, “G is engaged in merchandise coupon sales business by purchasing merchandise coupons at a price lower than the fixed price and selling at a fixed price, and imported and selling overseas merchandise. When the operating fund is lent to G, the Defendant would pay 10% interest per month and the principal would be returned at any time.”

However, due to the difficulties in the operation of G, the monthly salary or rent of the employees was not properly paid, even if the victims borrowed money from the victim, there was no intention or ability to pay the interest normally or to pay the principal.

The Defendant, as such, by deceiving the victim and receiving KRW 10 million from the victim as the borrowed money on September 19, 201, as well as from around that time to December 16, 201, received total of KRW 170 million from three victims, such as entry in the crime sight table 1.

2. On October 13, 2011, the Defendant made a false statement to the victim E, “I will purchase Adod vehicle in the name of the victim, I would like to use the car in the name of the victim, use the car in the name of the company, and immediately make it difficult to see that I would like to sign all documents necessary for the purchase of the vehicle in the name of the company. I would like to bear the installment and interest from the company.”

However, in fact, G was under circumstances where the employee's monthly salary or rent was not paid properly due to the difficulties in operation, and even if it was purchased in the name of the victim, there was no intention or ability to pay the installment.

The Defendant, as such, deceiving the victim, and let the victim take part in this case, the value of the vehicle equivalent to 38.5 million won in the name of the victim, H. 6.