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(영문) 서울남부지방법원 2014.10.22 2014고단2614
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 12, 2012, the Defendant made a false statement to the victim C by telephone from the Seoul Buddhist District, stating that “The Defendant paid money to the victim C because it is difficult for the Seoul Yangcheon-gu Seoul to obtain a deposit for KRW 20 million due to economic circumstances to make it difficult to prepare a deposit. Therefore, if the Defendant deposits money, then he/she would have made a deposit in the name of the victim, then he/she would lend money to the victim.”

However, even if the defendant received money from the victim, he thought that he was to conclude a sub-contractor in his name, not the victim, and there was no intention or ability to repay the above 20 million won to the victim because the monthly income was not specified at the time, and there was no property owned.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim, KRW 2 million on or around the 14th day of the same month, KRW 1.6 million on or around the 18th day of the same month, KRW 2 million on or around the 21th day of the same month, and KRW 20 million on or around the 21th day of the same month, and acquired it by fraud through a new bank account under the name of E, a building manager.

2. On July 29, 2012, the Defendant, on July 29, 2012, issued bonds to the victim C by telephone at the Seoul Buddhist District around July 29, 2012. However, there is a situation that it is difficult to repay the bonds, so if it is difficult to lend KRW 20 million, he/she would arrange the real estate office in operation to pay all the existing real estate offices.

However, the defendant did not intend to organize the real estate office operated by the defendant, and the monthly income at the time is not fixed, and even if he borrowed money from the victim due to the lack of the property owned, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 20 million from the victim as the borrowed money on the 30th of the same month from the new bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The defendant;

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