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(영문) 수원지방법원안양지원 2020.10.14 2020고정324

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] The criminal records confirmed by records without modification of indictment to the extent that they do not actually disadvantage the defendant's exercise of his/her right to defense is recognized as above.

On October 27, 2017, the Defendant was sentenced to imprisonment with prison labor and three years and six months at Seoul High Court on October 30, 2017, and the judgment became final and conclusive on October 30, 2017.

【Criminal Facts】

1. On August 29, 2016, the Defendant committed the crime against the victim B: (a) calls to the victim B at a place where the location is unknown; and (b) calls to the victim B for a company with a larger building-related company. B is a director of the said company; (c) due to this reason, his father has obstructed the corporate card; (d) as the case is resolved, the Defendant would be paid on the following day.”

However, the defendant was not a director of the building-related company, and even if he borrowed money from the victim, he did not have the intention or ability to complete the repayment.

As above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim at around August 29, 2016, via a new financial investment account (Account Number C) in the name of the Defendant as a loan, around August 17:29, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 2, 2016, the Defendant committed the crime against the victim D, the Defendant made a false statement to the victim D that “B’s father is operating a major company related to the construction of the company. He is a director of the said company. He is urgently needed for business. He borrowed KRW 3.50,000,000,000 to be paid with interest on the day.”

However, the defendant was not a director of the building-related company, and even if he borrowed money from the victim, he did not have the intention or ability to complete the repayment.

As above, the defendant deceivings the victim and belongs to it.