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(영문) 서울중앙지방법원 2019.05.16 2018고단4157
사기
Text

A defendant shall be punished by imprisonment for six 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

On August 2013, the Defendant displayed the details of frequent entry and exit of the C Bank Account (D) account opened in the name of the Defendant with the victim B, who was aware of at a closed place in the name of the Defendant, and “In this case, there is a lot of money so much money, and the victim may be able to compensate for damages during that period. He may hear a business explanation and make an investment in money.” On August 2013, 2013, the Defendant stated that “The victim operates an online game site, such as Go-top, in the Philippines, etc.” with the victim, “I will make an investment within one million won through one hundred million won by making an investment,” while making an investment within one million won through one hundred million won.”

However, in fact, the above CB bank account presented by the Defendant was transferred to another person by so-called "the so-called "the so-called passbook" and was not the Defendant, and at the time, the Defendant was unable to pay the card payment obligations, etc., and the Defendant was not in operation of the online game site in the Philippines, etc. or was not in profit-making through its operation. Therefore, even if the Defendant received money from the victim, there was no intention or ability to pay the principal.

Nevertheless, on September 4, 2013, the Defendant, along with the above person under whose name the victim was unaware, acquired KRW 1,00,000 from the victim by deceiving the victim as above, and then transferred from the victim to the F Association account (G) account under the name of the Defendant on September 4, 2013. On September 6, 2013, the Defendant borrowed KRW 19,000 from the H F Association account (I) that was used by the Defendant on September 6, 2013.

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