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(영문) 서울중앙지방법원 2014.07.04 2014고단913

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

1. On September 201, 201, the Defendants’ co-principal Defendants stated that “F” located in Jongno-gu Seoul, Jongno-gu, Seoul, would have the victim G, and Defendant A would have his house to live in Samdong. Although the house owner demanded KRW 100 million, he would have her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home-based her home.

However, the defendants thought that they would receive money from the victim to use the operating expenses of the workplace and the monthly wage of the staff (including the monthly wage of the defendant B and the defendant H, his her son). However, even if they received money from the victim, they did not have the intention or ability to purchase the above Cheongdong Housing.

As above, the Defendants deceptioned the said victim, and were transferred from the said victim to the new bank account under the name of the Defendant B, KRW 10 million as the down payment on September 6, 201, KRW 10 million as the additional down payment on September 14, 201, KRW 30 million as the intermediate payment on October 31, 201, and KRW 70 million as the intermediate payment on December 10, 201.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Defendant B’s sole criminal conduct, around September 26, 201, told the victim G in front of the J Park Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) that “A deposit is made at the school library in the next month, and if the party principal’s money is 20 million won, it will be repaid for the following month.”

However, the facts are that Defendant B did not have any money to be collected at the school library in the following month, and even if it is collected a domestic support payment, it cannot be used individually.