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(영문) 서울북부지방법원 2012.12.06 2012고단2753

사기등

Text

A defendant shall be punished by imprisonment for one year.

Each applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Fraud;

A. A. On June 5, 2005, the Defendant had the victim C join the 41 unit of the 41 unit of the 41 unit of the 20 million unit of the 41 unit of the 41 unit of the 41 unit of the 20 million unit, which was organized by E as a mooring state, and the said victim has paid the 20 million unit of the 41 unit of the 41 unit

On October 10, 2008, the Defendant received KRW 2,585,00,00 from the above E, which is the leader, from the Plaintiff, and the Defendant called, “If he lends the remainder of KRW 25,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

However, the Defendant had no money at the time, and approximately KRW 80,000,000 was liable, and it was difficult to operate the above factory, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

Accordingly, the defendant deceivings the victim to acquire the above money from the victim.

B. Around October 12, 2009, the Defendant entered into a situation where he/she should pay KRW 15 million with a fraternity to F, who is a Eastern, and the Defendant falsely stated that he/she will pay KRW 15 million to Eastern G, by posting a phone to the above victim, and “I will complete payment without a mold, if he/she sent a gold of KRW 15 million to East Eastern G, during 12 months.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as above, had the victim transfer KRW 15 million to G’s agricultural bank account (H), the husband of the said F, to the victim, thereby acquiring pecuniary benefits equivalent to the said amount.

2. Embezzlement;

A. On October 2007, the Defendant subscribed the Victim D to KRW 20 million in a 15-day mold that the E operates.

The payment of accounts shall be 100,000 won per month by joining two accounts, and the payment of accounts shall be 100,000 won per month, and the payment shall be 39 or 40.