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(영문) 서울동부지방법원 2018.06.01 2017고단4162
사기
Text

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

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Criminal facts

1. On July 2016, the Defendant committed a crime against the victim D, 2016, called the victim’s phone, and “the head of a son caused him to perform the surgery, and there was a large amount of expenses for the surgery.

If the mother lends 8 million won of operating expenses, he/she is expected to arrange clothes operated in the South-west market, and he/she will receive money and pay it.

“A false representation was made.”

However, in fact, the Defendant did not have any idea to pay for the surgery cost, and at the time, he thought that the personal debt was paid to the injured party as debt repayment and living expenses, etc., and the Defendant had already been in excess of the obligation even though he had already been able to borrow money from the injured party, there was no intention or ability to pay the principal only one month even if he was able to borrow money from the injured party.

Nevertheless, on July 15, 2016, the defendant deceivings the victim as above and acquired 8 million won from the victim through the SC Il Bank account (E) in the name of the defendant on July 15, 2016.

2. Crimes against victim F;

A. A. On September 2016, the Defendant committed a crime on or around September 2016, the Defendant is obliged to provide the victim with a house-to-house program in Dongdaemun-gu Seoul Metropolitan Government apartment G 102 Dong 1604, “Around September 2016, the Defendant is running a house-to-house program, and to secure a stable demand for home-to-house program

In order to accept 18 million won as a good customer, the customer will take over 8 million won as it is necessary to pay 18 million won.

Since an average of 4 million won per month has occurred, the principal will be changed by 2 million won per month, and all monthly wages and investment profits will be paid.

“The phrase “ was false.”

However, in fact, the defendant did not prepare the rest of 10 million assistance from the above acquisition price, so it was uncertain whether the defendant accepted the transaction partner. At the time, the defendant had been thought to use the personal debt of KRW 100 million as debt repayment and living expenses, so even if he received the money from the injured party, it is monthly.

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