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(영문) 서울동부지방법원 2013.04.18 2012고단1469
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[2012 Highest 1469] On August 7, 2009, the Defendant stated that “A victim C who was aware of the life in the same sick room in Seongbuk-gu Seoul Hospital shall be repaid at a rapid time if he/she borrowed money of KRW 3 million.”

However, the defendant thought that he would use it as gambling money, and since he did not have any property in the name of the defendant, he did not have any intention or ability to repay the money even if he borrowed money.

As such, the Defendant, by deceiving the victim, received KRW 5 million in cash from the victim from August 7, 2009 to December 8, 2009, and acquired KRW 8 million from the D account, and acquired KRW 25 million in total from the Defendant’s account.

[2012 Highest 2895]

1. On January 19, 2011, the Defendant stated that “The victim F will be repaid without any mold until May 5, 2011, because there is no weak value,” to the victim F.

However, there is no particular property or income, and even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant received 200,000 won from the victim on the same day, i.e., 200,000 won from the victim, from June 21, 201, and acquired 10,000 won in total from the time to June 21, 201 as shown in the list of crimes.

2. On March 8, 2011, the Defendant stated that “The Defendant is an employee of the indoor bicycle race track in which the horse race line well known in Korea is located,” and that “If the Defendant purchases the bicycle race tickets by deducting in advance the bicycle race information from the bicycle race line, it would be gambling.” The Defendant would obtain the bicycle race information from the bicycle line to the money borrowed from transfer of the race ticket, and would have repaid the bicycle race ticket to the money.”

However, the defendant is true.

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