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(영문) 수원지방법원 성남지원 2016.01.08 2015고단1605
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On March 27, 2014, the Defendant made a false statement to the victim C by phoneing the victim C at a non-permanent place, stating that “If there is any payment, and the payment is made within the day, the Defendant would lend the cash payment to the victim C at the latest.”

However, the facts were that the Defendant had claims at the time, but the period of reimbursement had already expired on December 31, 2013 and July 6, 2013.

There was little possibility to recover the claim, and there was no intention or ability to repay the claim even if there was no other property to borrow money from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received 20 million won from the victim to the Citti Bank (D) account under the name of the Defendant on the same day and acquired it by deceit.

B. On July 16, 2014, the Defendant called the victim C at a non-permanent place and sent money to the victim C, “The Defendant is entitled to receive money from all members to repay the money before he/she received the money.”

In other words, the phrase “ was false.”

However, the defendant did not have any intention or ability to defend himself by receiving money from the injured party.

As such, the Defendant, by deceiving the victim, received 250,000 won from the victim to the National Bank (E) account under the name of the Defendant, and acquired it by deceiving the victim.

(c)

On August 4, 2014, the Defendant made a false call to the victim C at an irregular place, stating that “If two million won or more is leased, the Defendant would first receive a loan from a bank and pay it together with KRW 2,0250,000,000.”

However, the defendant did not have a plan to receive a loan from the bank, and even if he borrowed additional money from the victim, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 2 million won from the victim to the Saemaul Treasury (F) in the name of the defendant on the same day from the victim and acquired it by deceit.

2. The criminal defendant against the victim G is guilty.

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