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(영문) 인천지방법원 부천지원 2015.08.13 2015고단931
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In August 2014, the Defendant made a false statement to the victim E at the D Practical Music Research Institute located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2014, stating that “The Defendant would lend money to the victim E to operate musical investment and Chinese business. I will pay a high interest and pay a full payment.”

However, even if the defendant borrows money from the victim, the defendant did not have the intention or ability to repay to the victim by operating the business such as malicious investment.

The Defendant received 32,520,000 won in total from the victim on August 21, 2014, including the receipt of 2,000,000 won in cash, from the victim, until November 1, 2014, up to nine times from the list of crimes in attached Form 1 to 9.

In addition, around September 2014, the Defendant made a false statement that “The Defendant may make an investment in a card. There is an apartment house equivalent to 1.2 billion won in Seocho-gu Seoul, Seocho-gu, Seoul, which has an apartment house with a value of 1.2 billion won, and may return money immediately with the value of the tax base of the tax base of the local government.”

However, there is no fact that the defendant owns apartment in the apartment building, and even if he receives the card from the victim, he did not have the intention or ability to pay the user fee.

On October 3, 2014, the Defendant acquired financial benefits equivalent to KRW 20,160,000,000 from the time to November 1, 2014, including the fact that the Defendant received Samsung Card and Slock Card from the victim, and settled the goods in an amount equivalent to KRW 3.5 million with the Samsung Card owned by the victim, and from that time, the Defendant acquired financial benefits equivalent to KRW 20,160,000, by using the victim’s card from 10 to 19 times from that time.

Accordingly, the defendant, by deceiving the victim, acquired the total amount of 52,680,000 won property and property benefits.

around August 31, 2014, the Defendant of the 2015 Highest 1457, “D Music Research Institute,” which was operated by the Defendant in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, has “D Music Research Institute,” with the victim F.

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