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(영문) 서울북부지방법원 2019.06.14 2019고정10
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 30, 2011, the Defendant made a false statement to the victim E at the Busan Dong-gu Office D office operated by himself, stating, “I need to pay money at this moment because the money has not yet been paid at the customer’s office. It is possible to collect money from the customer without any mold, and if you lend 15 million won, I will repay it within one month.”

However, the defendant did not have any intention or ability to repay money to the victim on the date of the promise, even if he did not receive money from the customer without any reasonable basis.

As such, the Defendant, by deceiving the victim as such, received 15 million won from the victim in the same place and acquired it by deception.

2. Around January 19, 2012, the Defendant made a false statement to the victim at a place, such as Paragraph 1, stating, “I would like to make the payment immediately as the money would be paid by the Customer if I lend more money than five million won to the customer. I would like to make the payment from the customer as soon as it would be paid by the customer. I would have to make it possible to prevent the repayment along with the transfer borrowed money.”

However, although the defendant did not have to receive money from the customer, he did not have any intention or ability to pay money to the victim on the date of payment promised.

As such, the Defendant, by deceiving the victim, received five million won from the victim in the same place, and acquired it by fraud.

3. On May 8, 2012, the Defendant made a false statement to the victim at a place, such as Paragraph 1, stating, “When the present contract is not properly concluded, it is difficult to collect the amount yet to be collected, and the contract will be settled soon, and if it is additionally lent only five million won, it will be immediately repaid along with the previous borrowed money.”

However, the defendant is against the customer without any framework.

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