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(영문) 서울동부지방법원 2014.12.11 2014고단3330

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.

Reasons

Punishment of the crime

1. On September 7, 2012, the Defendant: (a) around September 7, 2012, at the “D” coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the Defendant, despite having no intention or ability to help the victim E to collect the outstanding claims amounting to KRW 300 million, the Defendant made a false request to the victim for collection of only the claim amounting to KRW 30 million per case. In the original case, the Defendant made it difficult to pay KRW 10 million by making it difficult; and (c) made a false request to the victim for collection of the claims amounting to KRW 30 million.

The Defendant received 8 million won from the victim to the Cit Bank account in the name of F, the Defendant’s wife, for expenses for debt collection, from the victim’s location, and 2 million won to the said account on the 14th of the same month, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 15, 2012, the Defendant’s fraud around September 15, 2012, around September 15, 2012, the Defendant made a false statement that, “(ju) Doctrine G operated by H, the Defendant, despite the lack of the intent or ability to normalize the above factory by receiving investment from (ju) Doctrix, the Defendant would take over and normalize the above factory, and pay back the victim’s outstanding claims. Our company would have to receive one billion won from the large company, “(ju) Doctrine, and would be able to normalize the (ju) Doctrine.” The Defendant made a false statement that, “The amount of money KRW 30 million,000,000,000,000,000,000,000,000,000,000 won, so that it can be exchanged with the above stex.”

The Defendant received KRW 30 million from the victim to the same account as the preceding paragraph on September 17, 2012.

Accordingly, the defendant was given property by deceiving the victim.

3. On October 29, 2012, the Defendant’s fraud was committed on October 29, 2012 at a place not exceeding the Dong-dong, Sinnam-si around October 29, 2012, and the fact is at all the profits of the Defendant’s company.