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(영문) 의정부지방법원 2016.02.02 2014고단2379
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 34,500,000 won to the applicant by fraud.

Reasons

Punishment of the crime

[2014 Highest 2379] The defendant extended money to the victim E from the DPC room located at the time of the government around March 2012, 2012 by the end of April 2012.

The phrase “ makes a false statement.”

However, in fact, the Defendant was not trying to operate the PC room from the damaged party, but was planned to use the money for gambling, and even if the Defendant did not borrow money from the damaged party due to no particular property or income, there was no intention or ability to repay it.

Ultimately, the Defendant received from the victimized party KRW 29,325,00 from the account in the name of F on April 6, 2012 to the account in the name of F on April 6, 2012.

[2014 Highest 344] The Defendant provided consultation necessary for the acquisition and operation of the “IPC room” located in H while the Defendant was aware of the victim B in the name of G, and became aware of the victim.

1. On March 20, 2012, the Defendant: (a) around March 20, 2012, in the “IPC room”; and (b) in fact, the Defendant was planned to use it as gambling funds even when receiving the purchase price of a computer monitor from the injured party; and (c) thus, the Defendant did not have the intent or ability to purchase monitors installed in the said PC; and (d) notwithstanding that the Defendant did not have the intent or ability to purchase the monitors installed in the said PC, the Defendant would secure 115 computer monitors of 27 million won from the State.

“The purpose of “ was to make a false representation.”

As such, the Defendant, by deceiving the victim, received from the victim to the single bank account of the victim, KRW 25 million on the same day, and KRW 5 million on the 30th of the same month, respectively, and acquired it by deceiving the victim.

2. On May 3, 2012, around May 3, 2012, the Defendant purchased the goods, such as “3 million won, left from the PC room,” even if having received money from the injured party, as the Defendant was planned to use the money as gambling funds, and thus, there was no intention or ability to purchase the goods necessary for the said PC.

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