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(영문) 서울동부지방법원 2016.04.04 2015고단2608
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant committed the crime on September 20, 2014, at a place where it is not known on September 20, 2014, to the victim C (M, 30 years of age) who is a year, “I are going to the Samsung Securities, and are married at the beginning of the year. The father must return to the open center if I do not perform an operation.

I wish to lend money necessary for operating expenses. The officetel in Gangnam-gu's calendar-dong will be sold at one billion won if it is sold, and the officetel will be transferred to another office in December of this year. I will pay the officetel in cash.

“A false representation was made.”

However, the Defendant was unemployed at the time, and there was no intention to marry with the victim, and there was no property other than 40,000 won, but did not live in the above officetels, and since the father’s replacement did not require surgery, the money received from the victimized person was scheduled to be used for living expenses and business investment, and thus there was no intention or ability to complete payment.

The Defendant received KRW 33 million in total from the Defendant’s agricultural bank account at six times from September 23, 2014 to September 26, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant committed the crime on October 31, 2014, at a place not known on October 31, 2014, is urged to the victim as stated in the foregoing paragraph (1) to have the victim informed of the negligence by his father.

It is necessary to enter into an agreement as soon as possible in the situation of criminal punishment.

By December of this year, even if you lend to the beneficiary, they will be repaid with the above KRW 33 million.

“A false representation was made.”

However, in fact, the defendant was in the above situation, and his father did not need to reach an agreement, not to be subject to criminal punishment, and as such, the amount received from the victim was scheduled to be used for living expenses and business investment, so there was no intention or ability to complete payment.

The defendant belongs to this.

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