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(영문) 서울남부지방법원 2013.05.28 2013고단463

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2013rd group463] On November 9, 2010, the Defendant made a false statement to the victim BP office located in Jongno-gu Seoul Metropolitan Government BO, “The investment is 100 million won since it is expected to open the Handphone store in the BD shop, 100 million won invested will make a lease contract in lieu of the above store deposit, and the profits are divided into 60:40.

However, the fact is that the (State)BR has been awarded a bid for the BS store that the Defendant decided to open on November 4, 2010, and that the Defendant had not concluded a sub-lease contract with the State on the said store. The Defendant was well aware of such fact, and even if the Defendant received the investment money from the victim, there was no intention or ability to use the said investment money as the deposit for the BD Handphone store.

Nevertheless, the Defendant, as such, by deceiving the victim, received from the victim the total sum of KRW 100,000,000 from a corporate bank account (Account Number BV) in the name of the Defendant’s mother on November 15, 2010, KRW 70,000,000 on October 10 of the same month, and KRW 12,000,000 on February 12, 12,000,000 on December 16 of the same year, and KRW 3,00,000 on June 16, 200.

[2013 Man-Ma883] The Defendant: (a) by deceiving a mobile phone wholesaler and being supplied with a mobile phone under the pretext of inducing an unspecified number of people to enter the mobile phone; (b) obtained a copy, etc. of his/her resident registration certificate from his/her name; and (c) intended to dispose of the mobile phone which has not been distributed or registered with a mobile phone by registering it with the name.

1. Around April 2011, the Defendant entered into a consignment sales contract with the victim BY who is an employee of BX corporation at the “J” store operated by the Defendant located in Seocho-gu Seoul, Seocho-gu, Seoul, stating that “The supply of mobile phone terminal will sell and open it to the customers.”