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(영문) 수원지방법원 안산지원 2015.06.12 2015고단1042
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant, while running the original revenue business in Japan, has increased and the sales proceeds of the original team have not been recovered properly, he had the intention of deceiving the victim D (the 37 years of age) who is a sporasspora, thereby deceiving the money.

1. On November 9, 2010, the Defendant stated to the effect that “If there is surplus funds because business funds are insufficient, it will be paid KRW 600,000 per month, and the interest will be repaid after one year.”

However, the defendant did not have any intent or ability to pay the above money even if he borrowed the money from the victim, as well as the damage equivalent to KRW 100 million occurred at the time, and the proceeds from the sale of the original money have not been fully recovered.

The defendant received 50 million won from the victim to the new bank account (Account Number F) in the name of the victim E on the same day.

2. On April 201, the Defendant stated to the effect that, in the Defendant’s H office located in Jongno-gu Seoul Metropolitan Government, the Defendant would pay KRW 10 million to the said victim on behalf of the said victim, and if the Defendant borrowed KRW 20 million, the Defendant would pay the entire amount of KRW 30 million by December 10, 201.

However, at the time, the entire obligation of the defendant was not less than KRW 150 million, including KRW 50 million borrowed from the victim under paragraph (1) of this Article, and the original amount has not been recovered properly, and there was no intention or ability to repay it even if it borrowed additional KRW 30 million from the victim as above.

The defendant, at that time, has the victim pay 10 million won in lieu of the original amount to be paid by the defendant at that time, and the same year.

5. Around 24.24. The victim received KRW 20 million from the victim to the aforementioned new bank account in the E name.

Accordingly, the defendant acquired a total of KRW 80 million from the victim.

Summary of Evidence

1. The defendant;

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