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(영문) 서울동부지방법원 2013.09.02 2012고단1120
사기등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Fraud;

A. On May 15, 2010, the Defendant made a false statement to the effect that “If the office cost of the office is required to be paid, the office cost would be paid to the victim B immediately within five months if the office cost of the office cost is leased to the victim B.”

However, in fact, the defendant had been liable for personal debt amounting to KRW 5,000,00, and he was paid monthly interest, so there was no intention or ability to pay the amount even if it was paid by the victim.

Nevertheless, the defendant deceivings the victim as such and received 5 million won as the borrowed money from the victim's occupation at that time.

(2) On May 31, 2010, the Defendant made a false statement with the purport that “If the Defendant would receive a fee from an insurance company, and if the Defendant borrowed a credit card with no money entering, then he would make a full payment to the borrowed money before July 25, 2010, and would make a notarial deed 20 million won in a notarial deed.”

However, as above, the defendant had been liable for the personal debt amounting to KRW 50 million, and was urgently paid each month, so there was no intention or ability to pay the interest even if it was received from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim, and immediately received Samsung C&N credit card under the name of the victim and Samsung C&N credit card under the name of the victim, the Defendant acquired the pecuniary benefits equivalent to the same amount by using the amount equivalent to KRW 11,801,223 from that time to July 5, 2010.

B. On July 20, 2009, the Defendant against the victim E calls the victim E and “if he/she has invested in the F insurance agency with the inside representative director, he/she may reduce the profit of five times the principal after a maximum of six months.

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