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(영문) 전주지방법원 군산지원 2017.09.08 2017고단42
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On August 2015, the nominal fraud Defendant is an item of a good Internet business at one’s home located in Speaker-si C and the victim D at one’s own house located in Speaker-si on or around August 2015.

It is a business that can earn 5 to 10% of the investment amount, and the false statement was made that the business will pay the amount of money with a profit from the business if it is a loan of money.

However, the defendant did not have any particular income or assets at the time, but the debt was at least KRW 15 million, and there was no profit from the Internet business promoted by the defendant, and even if he borrowed money from the injured party due to the fact that he was not able to make a full payment, he did not have any intention or ability to make a full payment.

As above, the Defendant: (a) by deceiving the victim as above; (b) received KRW 275,960 from the victim as a loan from September 7, 2015; (c) and (d) received a total of KRW 9,806,660 from around that time to December 18, 2015, as stated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

B. On January 2016, the Defendant: (a) made a false statement to the victim D that “A mobile phone opening is liable for the short term payment, the fee for use, and the payment to the victim, with the profits obtained from the Internet business, in the name of the driver, through the opening of one cell phone in the form of a week.”

However, the Defendant did not have any intent or ability to pay the end price and the user fee normally even if he receives one cell phone opened from the injured party in the name of the injured party because of the economic situation like the statement 1-A. In fact, the Defendant did not have any intention or ability to pay the end price and the user fee.

The defendant deceivings the victim as above and opened one mobile phone under the name of the victim, but he paid the price of the above mobile phone and the fee for the mobile phone.

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