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(영문) 수원지방법원 여주지원 2016.04.27 2015고단314
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 27, 2013, the defrauded of investment money, the Defendant told the victim C to “If an investment has been made because there is a good item, it shall return twice the principal after two to three months.”

However, in fact, even if the Defendant received the investment from the injured party, the Defendant did not prepare an investment scheme in advance, and was thought to use the investment scheme as a monthly tax payment, personal debt repayment, etc., so there was no intention or ability to return the investment fund to the injured party.

Accordingly, the defendant deceivings the victim as such, and thereby, seven million won per day from the damaged person, and the same year.

9. A total of KRW 22 million, including KRW 5 million on 30.5 million, KRW 2 million on 10.2 million on 10.2 million on 10.8 million on 10.8 million on 30.5 million on 30.5 million on 30.5 million on 10.8 million on 20 million on 10.

2. On October 21, 2013, the Defendant defraudeded the card price, saying, “The Defendant is responsible for and repaid the card to the victim C at the place prescribed in paragraph 1 of the same Article.”

However, the defendant did not have any intention or ability to pay the card price due to his personal debt, monthly income, etc. at the time.

Accordingly, the Defendant, by deceiving the victim as such, received the national card owned by the victim from the damaged party, from the time when he received the national card from the damaged party, to December 21, 2013, and did not use the credit card equivalent to KRW 3,809,619, and did not pay the amount, thereby acquiring the pecuniary profit equivalent to the same amount.

3. On December 19, 2014, the defrauded of the purchase price of gift certificates, the Defendant called “100,000 won per 88,000 won per 1,00 won when ordering 600 merchandise coupons of 100,000 won” by phone to the victim D.

However, the defendant did not have any intention or ability to provide merchandise coupons to the victim even if he receives merchandise coupons from the victim.

Accordingly, the Defendant deceivings the victim as such, and thereby, 24 million won on the same day from the victim, and 5 January 1, 2015.

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