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(영문) 서울남부지방법원 2014.01.16 2013고단2607
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 2607]

1. The Defendant against the victim C was at the victim C’s office located in Guro-gu Seoul Metropolitan Government D Building 215, and the fact was that the Defendant’s corporate account operated by the Defendant was almost 100 million won, which was Masp limit, and was faced with financial difficulties due to the economic depression, and the Defendant was also in excess of his/her obligation and was unable to normally repay the money to the victim even if the Defendant borrowed the money from the victim, despite the absence of an intent or ability to pay it.

A. On April 22, 2011, the victim made a false statement to the effect that “E running within the country is a patent with a maximum of eight billion won, and is to use only one month if he/she lends to another company, 30 million won, or 30 million won, and he/she is to use only one month if he/she lends it to the victim,” and that he/she obtains a remittance from the victim, i.e., the victim’s prior interest of 90,000 won on

B. On August 19, 2011, the victim made a false statement to the effect that “A person who lends ten million won to the victim shall be fully repaid on September 19, 201, which is the first month after September 201 if he/she lends to the victim,” and that person shall receive a remittance of ten million won from the victim on the same day;

C. Around June 18, 2012, the victim made a false statement that “A person shall immediately repay three million won after two hours if he/she borrowed three million won or more,” and that person was wired from the victim to the defrauded on the same day.

2. Around September 14, 2010, the Defendant against the Victim F was at the E office that he operated in G in light of the light view, and around September 14, 2010, the Defendant purchased from the victim F the parts of the ppuri (hereinafter “bradation”) from the stolen Company, and could get a lot of profits from selling them. As such, the Defendant said that the Defendant invested KRW 30 million.

However, even if the defendant received investment money from the victim, he thought that it will be used for other purposes such as E's settlement of the existing bill obligations.

As above, the Defendant deceptioned the victim, and obtained 30 million won from the victim's cashier's checks on the same day, and fraudulently acquired them.

[2013 Highest 3040]

1. The victim H:

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