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(영문) 수원지방법원 2014.04.24 2014고단1312

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 16, 2009, the Defendant was sentenced to 8 months in Seoul Southern District Court for fraud in using computers, etc., and completed the execution of the above punishment on July 22, 2010.

1. On November 1, 2010, the Defendant stated that “E” at the main point of “E” operated by the victim C located in Suwon-si, Suwon-si, the Defendant would be paid 10% interest per month to the victim if he/she intends to operate an entertainment planning company, and if he/she borrowed the preparation fund, he/she would be paid 10% interest per month. He/she will pay the cash card with the party account and recover money from the account to use it.”

However, in fact, the defendant had no intention and ability to operate the entertainment planning company, and there was no intention or ability to pay the principal and interest even if he borrowed money from the victim because there was no particular occupation.

Nevertheless, as above, the Defendant, as well as by deceiving the victim and receiving five million won from the victim on the same day from the date and time to November 18, 201, by deceiving the victim as shown in the attached Table 1, and by deceiving the victim on a total of 50 million won from the victim on a total of 184,70,000 won.

2. Around May 3, 2011, the Defendant made a false statement to the victim F, “I will provide a vehicle as security and make a full payment after a month, if I lend KRW 14 million to the victim F. I.D., the Defendant would pay the relevant fine.”

However, in fact, the defendant did not operate a drinking house, was not in the situation of imposing the relevant fine, and there was no intention or ability to repay money from the victim.

Nevertheless, the defendant deceivings the victim as above and receives 14 million won from the national bank account in the name of G, a creditor of the defendant on the same day from the victim.