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(영문) 서울북부지방법원 2013.10.31 2013고단1200
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was absent from office from office at any time and the debt of the borrowed money rapidly increased.

1. On January 18, 2012, the Defendant called the victim D by phone in Gangnam-gu Seoul, Seoul, and concluded that “on the face of borrowing KRW 1.5 million as an urgent day without any condition, the Defendant would repay the monthly salary of the following month.”

However, the defendant did not have a monthly wage to receive the borrowed money due to frequent absence from the company at the time, and there was no intention or ability to repay the borrowed money.

Nevertheless, the Defendant, by deceiving the victim as such, received 1.5 million won from the victim to the bank account under the name of the Defendant as the borrowed money immediately.

2. On January 20, 2012, the Defendant made a false statement that “The Defendant would collect money invested in stocks from the victim to repay the money to the maximum extent possible, without any condition that he/she would have to pay the money borrowed.”

However, the defendant did not have invested in the shares, and did not have the intent or ability to repay the borrowed money.

Nevertheless, the Defendant, by deceiving the victim as such, was immediately remitted from the victim to the bank account under the name of the Defendant to the bank account under the name of the Defendant, the sum of KRW 6 million and KRW 2.5 million to the national bank account under the name of the Defendant.

3. On February 15, 2012, the Defendant made a false call to the victim at a coffee shop located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, and made a false statement to the effect that “The card payment was overdue, but the card payment was received for three months until March 10, 2012.”

However, the Defendant did not have a monthly wage to receive the borrowed money due to frequent absence from the company at the time, and the intent or ability to repay the borrowed money.

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