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(영문) 수원지방법원 2017.08.09 2016고단8396
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant by deceit and shall be 50 million won and the defendant shall receive money from the applicant on May 2015.

Reasons

Punishment of the crime

The defendant is a person who has operated a mobile phone sales store in the 1st floor B38 underground of the Dolung-gu Seoul Metropolitan City.

1. Fraud against the victim C;

A. On April 17, 2014, the Defendant, even if having borrowed money from the damaged party, is not able to repay the money properly, the Defendant is to repay the money to the injured party in one month, even though he/she did not have an intent or ability to repay the money.

Hand-phone sales deposit also has 50,000 won, so it is not clear that there is a 5,000 won, and 300,000 won will be added on one month.

‘Falsely speaking, it received 20 million won from the injured party, i.e., the 20 million won from the seat and acquired it by fraud.

B. On March 2, 2015, the Defendant, even if having borrowed money from the injured party at the same place, concluded that “5 million won is lent to the injured party” as if he/she borrowed money in spite of the intent or ability to repay the money properly, and obtained the money from the injured party, i.e., five million won from the seat, by acquiring the money from the injured party.

(c)

On the 12th of the same month, the Defendant, even if having borrowed money from the injured party at the same place, did not have the intent or ability to repay the money properly, and, as if he borrowed money, he would lend the money to the injured party, “the money is urgently needed and the amount of eight million won is borrowed.” The Defendant acquired money from the injured party, i.e., eight million won from the seat, and acquired it by deception.

(d)

On March 26, 2015, the victim made a false statement that “The victim would lend money to the victim KRW 2 million as it is urgently necessary,” and that the victim acquired money from the victim, i.e., KRW 2 million, from the seat of the victim, and acquired money from the victim, as if he/she borrowed money with no intent or ability to pay the money properly even if he/she borrowed money from the victim.”

E. On May 2015, the Defendant did not have applied for a loan at the same place and borrowed money from the injured party.

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