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(영문) 수원지방법원 2018.07.10 2017고단7006
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The defendant is the operator of the "D" restaurant in the Heung-gu C and the 1st floor, and the victim E is the customer of the above restaurant, which is the situation of divorce of the victim. After approaching, the victim had the victim enter the situation of divorce, and had the victim enter the defendant in the same sense of the fact that the defendant was the head of the victim, and had the victim acquire the money by using it.

1. Fraud;

A. On March 2016, the Defendant concluded that “The number of days should be used due to the shortage of operating expenses of the knin’s house in which the victim and smartphone NAVD are divided into a band, but the Defendant borrowed an amount of KRW 8 million,00,000 per month, if he/she borrowed an amount of KRW 3,60,000 per month.”

However, the facts are that the defendant merely borrowed money from the damaged person as if he was a year, and did not have the intention or ability to repay it even if he borrowed money from the damaged person.

Nevertheless, on March 10, 2016, the Defendant, by deceiving the victim as such, received eight million won from the victim to the Korean bank account of the name of the Defendant on March 10, 2016.

B. On May 28, 2016, the Defendant sent a Stockholm message to the victim at a minor place.

The phrase "I would make a deposit available as security if I lend it to the 50,000,000 won of the officetel deposit."

However, as seen above, the Defendant merely borrowed money from the injured party as if he were a year, and did not have the intent to rent an officetel and did not have the intent or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, on May 30, 2016, the Defendant, by deceiving the victim, received KRW 49.5 million from the victim, to the agricultural bank account under the name of the Defendant, and received KRW 123,050,000,000 from February 24, 2017.

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