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(영문) 대전지방법원 서산지원 2016.05.04 2016고단134
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud against victim B and victim C;

A. A. On July 26, 2011, the Defendant made a false statement to the victim B, “If her mother borrowed a loan as her mother needs hospital expenses, her mother will repay the loan immediately.”

However, at the time, the Defendant was not in need of hospital expenses and was in excess of his/her obligations without any special property, so even if he/she borrowed money from the injured party, there was no intention to use it as hospital expenses and there was no ability to repay it.

The Defendant received 2,00,000 won from the injured party, i.e., the borrowed money.

The Defendant, from May 20 to May 20, 2015, received KRW 12,860,000, respectively, by deceiving the victims by such means as shown in the list of crimes in the attached Form seven times.

B. Around November 4, 2014, the Defendant was making a false statement to the effect that “The Defendant would faithfully pay the victim fee if he/she lends his/her mobile phone name to the victim B” at the house where the Defendant and B resided together in Seo-gu Incheon Metropolitan City D.

However, at the time, the defendant was in excess of his/her obligation without any special property, so even if he/she borrowed the name of his/her mobile phone from the victim, he/she did not have the intention or ability

The Defendant used his mobile phone from that time to July 2015 from that time by lending the name of the victim, but did not pay KRW 1,458,110 to that time.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,458,110.

2. Computer and other fraudulent means;

A. On October 17, 2014, the Defendant was using computers and other computers for the Victim Love, etc. on the victim’s website at the home where the Defendant and B living together with the Defendant in Seo-gu Incheon, Seo-gu.

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