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(영문) 광주지방법원 2015.02.12 2014고단4688
사기
Text

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

Reasons

Punishment of the crime

1. Around October 2012, the Defendant: (a) sent KRW 35 million to the Defendant’s agricultural bank account (E) in the name of the Defendant’s living together on November 2, 2012; and (b) requested the remainder to the Defendant on November 2012, 2012, on the ground that “C would sell his/her own galky, so as to sell his/her galky at KRW 75 million.”

However, after receiving the down payment from the victim, the F expressed his intention to purchase the said interest rate of KRW 90 million, and the F introduced C to sell the said interest rate of KRW 90 million to F. On November 30, 2012, C sold the said interest rate of KRW 90 million to F. As such, the victim could not seek any further interest rate for the victim. Since C was thought to make an investment in the futures option upon receiving the balance, there was no intention or ability to purchase the interest rate even if receiving the said money from the victim.

The Defendant received KRW 40 million from the victim as the remainder of December 3, 2012 from the victim to the Agricultural Cooperative Account in the above name D under the pretext of the balance.

The Defendant, by deceiving the victim, received 40 million won from the victim and acquired it by deceiving the victim.

2. On December 26, 2012, the Defendant: (a) called the victim F at the office of a special passenger transport business association located in the 60, Mapo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Gwangju, by phoneing to the victim F; (b) “A bus with a bus of KRW 70 million per month every 2 million a month from the face-to face-face of the main passage. There is a bus of KRW 70 million in Seoul, and the bus of KRW 70 million will be sent to Kakaooooo. The bus will be sent to the victim F. The bus will be sent to the victim F. The bus will be transferred to the victim F. 70 million won per month from the purchase price to the mother of the woman.”

However, there was no bus that may be purchased to F, and the defendant thought that he will make an investment in the futures option with the payment, and thus, he/she is willing or ability to purchase the bus even if he/she receives the money from the victim.

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