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(영문) 서울동부지방법원 2013.04.18 2012고단2939
사기
Text

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

Reasons

Punishment of the crime

1. On October 1, 2010, the Defendant called the victim E at the (ju) D office located in Gangnam-gu Seoul, Seoul, and made a false statement to the victim E by phoneing the victim E, “Icheon-do, the land value of which is 40 million won, as I will make an investment after one year.”

However, even if the victim receives investment money from the victim, there was no intention or ability to reduce investment money and profit to the victim.

The Defendant, by deceiving the victim as such, was remitted to KRW 10 million from the victim around October 5, 201, and was remitted to KRW 5 million around December 27, 2010, and received KRW 15 million in total from the victim around April 12, 201.

2. On April 20, 201, the Defendant made a false statement to the G restaurant located in the Nam-gu Busan Metropolitan Government F that “The Defendant would have repaid the said victim E 1.5 copies of the loan of KRW 50 million after the lapse of 2 months.”

However, even if the victim borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, was transferred KRW 20 million from the victim around April 21, 201, and received KRW 30 million in total from the victim around April 22, 2011, and received KRW 50 million in total.

3. On May 31, 201, the Defendant made a false statement to the said victim E at the G restaurant located in Busan Nam-gu, Busan, stating that “If the Defendant has invested 40 million won in short-term investment in the land located in Chuncheon, 60 million won will be paid on October 1, 201.”

However, even if the victim receives investment money from the victim, there was no intention or ability to reduce investment money and profit to the victim.

The Defendant, as such, by deceiving the victim, received KRW 40 million from the victim around June 1, 201.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes of the passbooks (Evidence No. 43), each borrowing certificate, deposit account and check number, and the detailed statement of savings account transactions shall be 1.

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