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(영문) 수원지방법원 2020.03.03 2019고단2134
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 10, 2014, the Defendant: (a) around June 10, 2014, at a restaurant where it is difficult to know the trade name in the Gyeonggi-ri Si, the Defendant held that “A victim B owns forests and fields on a three-dimensional scale in Gangwon-do, and intends to create a resort in that place. If the Defendant borrowed money to purchase office rents, office stuffs, etc., he/she will operate a club business.”

However, in fact, the defendant could not create a set, because there was no forest owned by the defendant in Gangwon-do, so even if he received money from the victim, he did not have the intent or ability to operate a set business with the victim.

Around June 12, 2014, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the Agricultural Cooperative Account (C) in the name of the Defendant.

2. On June 20, 2014, the defrauded, on June 20, 2014, at a restaurant where the trade name in Busan is unknown, the Defendant called “in order to create a cooking, he/she shall request the public officials to exchange money with the meal.”

However, in fact, the defendant could not create a set due to the lack of forest land owned by tri-do, and even if he received money from the victim, he did not have the intention or ability to use the set for the creation of a set.

The Defendant, as above, by deceiving the victim, was given KRW 3 million in cash from the victim.

3. On April 2015, the Defendant, on which April 2015, 2015, was unable to know the trade name in the conduct for the first time in the Homan in the Honam-si. In a restaurant, “The Defendant did not withdraw the deposit amount of KRW 100 billion after having invested KRW 100 billion in the head of the Tong. The Defendant, on the first time, withdrawn KRW 10 billion from the deposit amount of KRW 10 billion, and first paid KRW 100 million and then additionally paid KRW 3 billion.”

However, the fact is that there is no passbook deposited in KRW 100 billion, and even if the defendant receives money from the victim, he is living expenses or personal business.

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