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(영문) 수원지방법원 성남지원 2016.10.21 2016고단2627

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 7, 2010, the Defendant was sentenced to four years of imprisonment for fraud, etc. by the Incheon District Court, and completed the execution of the sentence in the Jinju prison on December 1, 2013.

"Criminal Facts"

1. Fraud against the victim C;

A. On January 2016, the Defendant made a false statement to the effect that “The Defendant would receive a loan and pay interest to the victim C by investing KRW 25 million in the stock and real estate auction, and pay the 10% profit at the end of each month.”

However, even if the defendant received money from the victim, there was no plan to invest in stock and real estate auction, and there was no intention or ability to pay the victim the profit of 10% every month because he thought that he will be stuffed in Gangwonland.

Around January 18, 2016, the Defendant, by deceiving the victim as such, received KRW 25 million from the victim to the single bank account under the name of the Defendant and acquired it by remittance as investment money.

B. On March 21, 2016, the Defendant made a false statement to the effect that “The Defendant was aware of the fact that she was faced with a good situation during which she was in a short time,” by telephone, to the said victim C. It was a minor who was subject to intimidation from the minors’ failure. The Defendant was subject to intimidation. The Defendant would immediately complete payment if she lent money.”

However, in fact, the defendant did not have been threatened by minors' failure, was thought to receive money from the victim, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 90,000 won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant at least twice, from the victim, and acquired the money as a loan.

2. The criminal defendant against the victim E is the end of January 2016.