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(영문) 서울서부지방법원 2016.09.28 2016고단2242
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 2 shall be confiscated.

No. 6 of seized evidence shall be the victim D.

Reasons

Punishment of the crime

1. Fraud;

가. 피해자 E에 대한 범행 피고인은 2016. 3. 25. 14:00 경 서울 중구 F에 있는 G 호텔에서, 중화 인민 공화국에 거주하고 있는 H에게 ‘ 위 챗’ 메신저를 이용하여 “ 이미 투자한 6억 원을 돌려받기 위해서는 1,900만 원이 더 필요하다.

The phrase “I will recover money from the money already invested to the beginning of April” and “I will repay money to the first of April. I will receive H’s contact with the Defendant, and I’s victim E, who contacted the Defendant, requires KRW 19 million if I will deduct the money due to a mistake of her mother, from the money.

When sending money, it shall be repaid within one week.

“A false representation was made.”

However, in fact, the defendant only tried to use the money received from the injured party to repay the defendant's debt to I, the creditor of the defendant, and did not have the intention or ability to recover the invested money within one week.

Defendant deceiving the victim as above and let the victim transfer 6 million won to the account in the name of I over three occasions from March 26, 2016 to March 13:32, 2016. The Defendant transferred 13 million won to the same account over two occasions from around 14:32 of the same month and around 16:29, and acquired 19 million won in total as investment.

B. The Defendant committed the crime against the victim J did not have any particular occupation or property and did not have any intent or ability to complete the payment thereof even if he borrowed money from others. However, on May 2016, the victim J, who was aware of the place where the police officer was unable to know, used the Kakao Stockholm to hold a large quantity of property and received inheritance.

It is false to say that it can be repaid on the face of a party with money, and photographs and high-priced houses with a certificate of withdrawal from a national bank exceeding KRW 1,00,000,000 are sent to him/her.

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