(영문) 서울중앙지방법원 2013.10.24 2011고정6293

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(영문) 서울중앙지방법원 2013.10.24 2011고정6293

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around September 29, 2009, the Defendant sent 5 million won to the victim C at the mutual infinite coffee shop located in the Young-si Suwon-si District, and made a false statement to the victim on the 30th of the same month, stating, “If the Defendant lends 10 million won to the victim immediately and immediately repay 10 million won, it shall be paid.”

However, at the time, the Defendant had to pay the victim the amount of the obligation to pay, but there is no special revenue source, and there is no intention or ability to pay the amount, even if the Defendant borrowed the money from the victim in return of the credit card.

Accordingly, the Defendant deceivings the victim as above, and then acquired the amount of KRW 10 million from the foreign exchange bank account in the name of the Defendant (MMFFF) in around the 30th day of the same month, which was designated by the Defendant.

2. The Defendant, around October 27, 2009, told the victim C to pay the credit card amount of KRW 3 million in cash with the credit card amount of KRW 11 million in Korea at the LA golf driving range, which is located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-dong, and said, “I will immediately pay the credit card amount of KRW 3 million in lieu of the credit card amount of KRW 3 million.”

However, even if the defendant borrowed money from the victim as provided in the preceding paragraph, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim as above, had the victim pay 11 million won in lieu of the credit card price of the above bank at the point of the 200,000 won in the dispatching branch of the Korean bank located in Pyeongtaek-si Dong on the same day, thereby defrauding 8 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. Prosecution C:

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