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(영문) 서울중앙지방법원 2016.08.12 2016고단2330

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2012, the Defendant stated to the effect that, on July 26, 2012, the Defendant would pay back KRW 100,000 per month, if he/she lends the membership deposit of the taxi company to which he/she will be newly employed, KRW 2,90,000,000 per month to the victim E of the medical care protection.

However, the Defendant did not have any other property, while the actual monthly benefit is not more than KRW 700,000,000, and there was no intention or ability to repay even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim as such, obtained cash 2.9 million won from the victim, namely, from the victim to the victim, and acquired it by fraud.

2. On August 2, 2012, the Defendant committed the crime at the same place on August 2, 2012, the Defendant stated that “The Defendant shall repay to the said victim KRW 1 million each month the amount to be reduced due to a contact with the external vehicle during the taxi operation, as it is necessary to reduce the amount to be agreed upon due to the external contact with the external vehicle during the taxi operation.”

However, as seen earlier, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the injured party due to his own absence.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim as the borrowed money on the same day from the victim, and acquired it by fraud.

3. On August 31, 2012, the Defendant stated that “If he/she lends money to the said victim in need of agreement due to a contact accident during the taxi operation, he/she shall repay one million won per month” at the same place on August 31, 2012.

However, in fact, the contact accident did not occur, and as seen earlier, the defendant did not have any intent or ability to repay money even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 1.2 million on the same day as the loan money from the victim, and received KRW 1.1 million from the police officer in October 2012.