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(영문) 수원지방법원 성남지원 2017.10.26 2017고단2019
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant committed the crime against the victim B at a cafeteria of “D” located in Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu, Sungnam-si, and the victim B is running the hospital business in Gangnam-gu, Seoul.

In the introduction, it made a false statement to the effect that the hospital business fund will be repaid within 2-3 months from the loan of money needed.

However, in fact, the Defendant did not operate the hospital business, did not have any income, and did not have any income, and did not have any property, and did not have any obligation equivalent to KRW 30 million in the bank, so even if he borrowed money from the injured party, he did not have any intention or ability to repay the money.

The Defendant received 2.17 million won from the injured party, namely, from the injured party, to the SC bank account (Account Number: E) in the name of the Defendant, and received from the injured party a total of 8.37 million won from the injured party in the same way as in attached Table 1, from June 5, 2016 to June 5, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 20, 2016, the Defendant introduced the victim F as a director of the “I” alcohol house located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant made a false statement to the effect that he/she will repay 10 million won if he/she lends 10 million won to the victim F, if it is necessary to recover 500 million won invested in the foregoing alcohol house.

However, in fact, the Defendant did not work at the foregoing drinking house, and did not have invested KRW 500 million in the above drinking house, and did not have any property and only was liable for the debt amounting to KRW 50 million. Therefore, even if he borrowed money from the injured party, there was no intention or ability to repay the money.

The Defendant, on October 27, 2016, received KRW 10 million from the injured party to the SC bank account (Account Number: E) in the name of the Defendant from the third party on the pretext of a loan from October 27, 2016, as well as from that time until January 5, 2017.

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