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(영문) 대전지방법원 천안지원 2017.10.26 2017고단2209

사기

Text

A defendant shall be punished by imprisonment for one year.

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. Crimes against victims C;

A. On December 6, 2015, the Defendant committed the crime, which was committed on December 6, 2015, concluded a false statement to the effect that “E” in the Defendant’s management “E” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, would lend KRW 10 million to the victim C, pay interest, and pay the principal three months later.

However, the defendant did not have any particular property, and even if he borrowed money from the damaged party, there was no intention or ability to pay the money properly.

Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) 2 million won with the F’s account on December 6, 2015 from the damaged person; and (c) the same month from the victim.

7. The F shall receive each remittance of KRW 8 million to the F’s account, and shall obtain the total of KRW 10 million.

B. On March 23, 2016, the Defendant committed the crime of March 23, 2016, concluded that “A transfer of a mobile phone agent operated within one year from the 40 million won to the victim at the above place” was false to the effect that “A mobile phone agent will be transferred within one year from the 40 million won.”

However, on March 18, 2016, the mobile phone agent operated by the defendant had already been transferred to G and thus it was impossible to transfer to the victim. The defendant did not have any particular property, and even if he borrowed money from the victim because he borrowed money from the victim, there was no intention or ability to pay the money properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million from the victim to the F’s account on March 23, 2016; and (c) received KRW 29,300,000 on March 24, 201 and acquired it by transfer to the same account.

(c)

On May 15, 2016, the Defendant committed the crime: (a) around May 15, 2016, the Defendant committed the crime with the intent to: (b) as if he/she had the right to dispose of the mobile phone at the above place; and (c) as if he/she had the right to dispose of the mobile phone, the Defendant told the victim to lend the money that he

However, the fact is that the mobile phone that the defendant provided as security belongs to the mobile phone sales agency.