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(영문) 서울중앙지방법원 2014.12.17 2013고단5528

사기등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2013 Highest 5528"

1. Fraud;

A. On September 4, 2008, the Defendant falsely stated that he would import and sell a mobile phone from Germany to the victim B at an influence place.

However, as the victim promised, the defendant did not have the ability to import a mobile phone in Germany, and the defendant was to receive money from the victim to use it as personal living expenses, etc., and actually received money from the victim and used it as living expenses, etc.

Around September 5, 2008, the Defendant, by deceiving the victim as above, took over KRW 3,514,50 in the Cbank account under the name of the Defendant (Account Number: D), KRW 40,000 in the amount of KRW 440,00 on September 10, 2008, and KRW 6,374,50 in the amount of KRW 6,374,50 in the amount of KRW 2,420,00 on September 11, 2008.

B. On July 2010, the Defendant made a false statement that the victim G would import the 64G model from Germany, from the Froman or the 1st basement in Gangnam-gu Seoul, Seoul, to the victim G.

However, as described in the above paragraph (a), the Defendant did not have the ability to import the Amateur in Germany and had the intent to receive money from the victim for personal use.

As such, the Defendant, by deceiving the victim as such, took over KRW 1,200,00 from the victim on August 10, 2010, KRW 500,000, KRW 500,000 around August 17, 2010, and KRW 200,000 around August 19, 201.

C. On September 2010, the Defendant made a false statement to the victim I on the first floor of the H building underground in Gangnam-gu Seoul, Seoul, that he would import the 32G model from Germany.

However, the defendant did not have the ability to import the Ampids in Germany as described in the above paragraph (a) and was intended to receive money from the victim for personal use.

On September 6, 2010, the Defendant, by deceiving the victim as such, received 750,000 won from K Bank Account (Account Number: L) in the name of J designated by the Defendant on September 6, 2010, and received 100,000 won on September 8, 2010 and received 850 won in total.