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(영문) 수원지방법원 안산지원 2012.10.11 2012고단636
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the skin management shop and the distribution of medical devices under the trade name of the defendant when light.

1. Around April 2007, the Defendant made a statement to the victim D, who was aware of it in the above C, to the effect that “When the amount to pay the premium falls short of the amount to be paid, it would be paid immediately if the money is lent to it.”

However, in fact, the defendant was liable to pay approximately KRW 170,000,000,00 from the bond company as well as the debt of KRW 170,00,000,00 from the bond company, while the above C was not suitable due to its neighboring competitors. Accordingly, it was in the situation where the obligor was urged to pay the debt by the obligees, and there was no intention or ability to pay the debt even if he borrowed money from the victim.

On April 24, 2007, the Defendant, by deceiving the victim as such, obtained KRW 1,00,250 from the victim as the borrowed money and acquired it by fraud.

In addition, the Defendant received a total of 106,352,655 won from the victim to October 31, 2008 under the name of the borrowed money for the payment of insurance premiums and the purchase of medical instruments, as shown in the attached list of crimes, from the above date and time to October 31, 2008.

2. Around September 2008, the Defendant made a statement to the effect that “The Defendant, the owner of a vessel, shall subscribe to the order of 1,000,000 won per month, in total, three units per month, and shall continue to pay the fraternity amount upon receipt of the fraternity. It would, instead, change the number of winnings as soon as possible.”

However, the defendant did not have the intention or ability to pay monthly deposit money normally even if he joined the friendly system operated by the victim.

Around September 25, 2008, the Defendant, by deceiving the victim, obtained 24,100,000 won in total from the victim on or around September 25, 2008, 8,000,000 won around October 25, 2008, and 8,100,000 won in total from November 25, 2008.

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