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(영문) 수원지방법원 여주지원 2017.10.13 2017고단1075
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 2016, the Defendant became aware of the Victim C at the Age Club in Seoul, around December 2016, and operated a construction company with the outer third village to the victim, and operated a business, such as the purchase and sale of mobile phones in the Philippines and Thailand, and the sale of cosmetics. In addition, the Defendant emphasized the history of accompanying external vehicles, such as BMW I8, Aridi A7, and Benz E20.

1. On December 3, 2016, the Defendant, under the pretext of a business loan, must immediately transfer money to the victim on account of his/her business operations, for the purpose of not having a bank.

The phrase “to repay” was false when lending money.

However, in fact, the Defendant was thought to use money for gambling on the Internet gambling site that betting on the basis of sports discussions by lending money from the damaged party, and the Defendant was not a regular employee of E operated in the outer third village D, and therefore, there was no intention or ability to repay the money borrowed from the victim due to no particular income.

As above, the Defendant: (a) by deceiving the victim; and (b) delivered KRW 3 million in total to the bank account in the name of F, from the victim on December 3, 2016; and (c) on December 4, 2016, KRW 3 million,000,000 to the bank account in the name of F.

2. On December 9, 2016, the Defendant, under the name of the business of the Tae-gu Cosmetics, should make an online advertisement to the victim via telephone from the unclaimed land to the victim in order to increase the weekend sales.

Although money is integrated into the account of Thailand, cash is necessary because it is not possible to make a loan due to tax issues.

On April 2017, a false statement was made that lending cash would be repaid by the end of April 2017.

However, in fact, the Defendant was thought to use money for gambling on the Internet gambling site that betting on the basis of sports discussions by lending money from the damaged party, and was not fully engaged in the cosmetics business in Thailand, and the Defendant would pay the money borrowed from the victim due to no particular income.

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