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(영문) 서울중앙지방법원 2015.05.21 2014고단6410
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 24, 2013, the Defendant, at the Han Bank located near 901-71, Gangnam-gu, Seoul, Gangnam-gu, 901-71, issued a false statement to the effect that “The Defendant would pay the victim B money by making an investment in shares if he/she lends KRW 10 million to B. The Samsung Research Institute is working for the Samsung Research Institute, and the Prosecutor of the Gangnam-gu Prosecutor’s Office, who is well aware of the vessel, will return the principal by January 2014.”

However, the defendant did not have any intention or ability to pay money to the victim within the date he did not work for the Samsung Research Institute and promised to pay money to the victim without any particular property or ability.

Ultimately, the Defendant, as above, by deceiving the victim as above, received KRW 5 million from the new bank account under the name of the Defendant as the borrowed money from the victim, around June 24, 2013, KRW 2 million around July 10, 2013, and KRW 3 million around July 20, 2013.

2. On August 10, 2013, the Defendant stated that “The Defendant would appoint an attorney-at-law who would deposit money in the name of the attorney-at-law to pay the money from the victim to another person, and would make a settlement by the appointment of an attorney-at-law.”

However, even if the defendant receives the above money, the defendant did not have the intention or ability to appoint a lawyer and let him get a loan to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1.6 million from the victim to the new bank account under the name of the Defendant as the attorney-at-law fee, and received KRW 500,000 on August 10, 2013, and deposited KRW 500,000 on August 13, 2013. On August 27, 2013, the Defendant should identify the debtor’s domicile and received KRW 3 million in the name of the heart center service cost.

3. On February 7, 2014, the Defendant stated that “I would pay back money to the victim because I lost the wall.”

However, the facts are that the defendant borrows money from the victim because there is no particular property or income.

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