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(영문) 수원지방법원 2013.04.24 2012고단4984
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2012 Highest 4984"

1. On August 14, 2010, the Defendant made a false statement to the victim E, “If the Defendant lends 10 million won necessary funds for exhibitions from the Fgallon to the victim E, he/she will make reimbursement within 10 days from the mold.”

However, in fact, the defendant did not have any fixed income without any particular property, so even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 10 million from the victim for the same day as the borrowed money.

2. Around August 23, 2010, the Defendant made a false call to the same victim at a store in Seoul and below the Seoul, stating that “five million won is required to be added, and if he/she lends money, he/she will make repayment at the latest until August 27, 2010.”

However, even if the defendant borrowed the money from the victim as referred to in the above paragraph (1), he did not have the intent or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, received one million won from the victim to the G account in the name of the Defendant on the same day, and transferred 4 million won to the G account in the name of the Defendant, to the new bank account in the name of H.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 15 million over twice.

On September 22, 2012, 2012, the Defendant called “2012 Highest 6045” to the victim K by phone from the Defendant’s office located in the Gyeonggi-si Suwon-si courtJ on September 22, 2012, and there is no money to be paid within a week. The Defendant called “one million won to be repaid within a week if he/she lends it to the expense.”

However, in fact, the defendant did not have any particular property and did not have any fixed income, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The defendant deceivings the victim as such, and is therefore named as the borrowed money from the victim on the same day.

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