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(영문) 수원지방법원 여주지원 2016.03.21 2016고단44
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 13, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Sungnam branch support, which became final and conclusive on January 15, 2016.

[2] On February 20, 2012, the Defendant met the victim C through a mobile phone dumping on or around February 20, 2012. The Defendant used the provisional name of “D”, and the Defendant, despite being married with his/her spouse and children, was approaching the victim as if he/she were in an unmarried relationship with the victim, thereby enabling the victim to believe himself/herself.

On February 25, 2012, the Defendant made a false statement to the victim that “A, who operates a trading company like lending money, would pay money to the trading company as returned from China” in the mutual influence room near the Jung-gu, Sung-gu, Sungwon-gu, Sung-gu.

However, the defendant did not operate the company, and was thought to use the money borrowed from the victim as personal living expenses or living expenses for his/her spouse and children separately from the defendant. At the time, the defendant did not have any occupation but did not have any intention or ability to repay the money borrowed from the victim.

As such, the Defendant: (a) by deceiving the victim; (b) obtained a 300,000 won from the automatic payment machine near the victim’s name by using the e-mail card; and (c) received cash services from the victim on a total of 136 occasions from around that time to May 1, 2012, using the e-mailed credit card from the victim; (b) used the e-mailed credit card; (c) directly delivered cash from the victim; or (d) transferred money to the account in the name of the Defendant.

Accordingly, the defendant deceivings the victim to total amount of KRW 29,869,612.

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