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(영문) 서울서부지방법원 2012.05.18 2011고단2642
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant's sole criminal conduct;

A. On May 2, 2010, the Defendant: (a) stated that “I wish to purchase a string vehicle and serve as Kwikset service; (b) KRW 500,000,000 per month, if I borrowed 7,300,000 won of the purchase price of vehicles from the victim to the national bank account (number: D) in the name of the Defendant’s father C on June 2, 2010; and (c) received KRW 4,30,000 from the victim to the same account on the 14th of the same month.”

However, in fact, the defendant did not intend to work as a door-to-door or Kwikset service, and the purchased multi-vehicle was also considered to be disposed of and commercialized immediately.

Accordingly, the defendant deceivings the victim and defrauds 7.3 million won in total.

B. The Defendant, in collusion with the victim, received KRW 1 million from the victim’s account in the name of the Defendant, on August 9, 2010, in collusion with the victim, by stating that “one million won is sent because there is a place to set the number of days,” while the communication was attempted to be committed solely by the victim, and that “one million won is sent because there is a place to set the number of days,” which was remitted from the victim to the Agricultural Cooperative account in the name of the Defendant (F).

However, the defendant did not intend to set the number of days with the money remitted from the victim.

Accordingly, the defendant deceivings the victim and defrauds the victim one million won.

2. The Defendant and E co-principal Defendant and E have the number of days in the Yeongdeungpopool Seoul, and in the future, the Defendant and E are recruited to acquire money under the name of investment funds by deceiving the victim as if they were placed in the same kind of business. On July 2010, the Defendant and E are 50% of the profits of the Defendant and E are able to help the victim B in a restaurant near the Taemosan located in Gangnam-gu, Seoul on the early July 2010, and the victim B want to want to have the number of days in the Youngpool.” The Defendant is currently running the business of the number of days in the future.

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