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(영문) 서울동부지방법원 2013.09.13 2013고단749
사기
Text

As to the crime No. 1 of the judgment of the defendant, the two-month imprisonment with prison labor, and the other four-month imprisonment with prison labor.

Reasons

Criminal facts

[criminal power] On May 23, 2008, the defendant was sentenced to a two-year suspension of the execution of imprisonment for fraud at the Seoul Eastern District Court on February 4, 2009, and the above judgment became final and conclusive on March 5, 2009. On March 5, 2009, the same court was sentenced to a two-month suspension of execution in the same crime, and the community service order was sentenced to a 120-hour suspension of execution on March 13, 2009.

【Criminal Facts】

1. On February 23, 2009, the Defendant against the victim C made a false statement to the effect that “If the Defendant obtained goods not sold at auction at customs-related auction and borrowed money to operate a business for profit by disposing of it, he/she shall have the profits and repaid the money sufficiently.” The Defendant received 5,400,000 won from the victim.

However, the defendant did not have been engaged in the above business, and there was no intention or ability to repay money borrowed from time to time due to the absence of certain occupation or property.

As above, the Defendant was accused of the victim and received 5.4 million won.

2. Fraud against victim D;

가. 피고인은 2006. 7. 2. 16:00경 서울 중랑구 신내동 중랑구청에서, 피해자 D에게 ‘피고인이 전당포에 금을 보관시켜 놨는데 이것을 찾으려면 1,500만원이 필요하다’는 취지로 거짓말을 하여 이에 속은 피해자로 하여금 피고인이 성명을 알 수 없는 사람으로부터 1,500만원을 차용함에 있어 보증을 서게 하였다.

However, the fact that the defendant did not keep the gold in custody at the time, and the borrowed money was thought to be used for another purpose from the beginning, and the victim did not have the intention or ability to repay it to the victim even if he subrogated for the above borrowed money.

As above, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to the value of the security.

B. The Defendant around February 7, 2010 (Seoul Jung-gu E apartment) No. 907 Dong 807) is the Defendant.

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