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(영문) 서울서부지방법원 2013.08.23 2012고단2566
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below]

1. Fraud against the victim C;

A. On January 27, 2011, the Defendant, at the “E Korea office” office operated by the Defendant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, concluded that “A victim C would necessarily pay the amount of the promissory note on the face of the day of the day when the payment is made at a discount of the KRW 20 million.”

However, in fact, the Defendant had already been issued KRW 35 million from the Defendant-friendly job offering F as investment, and had been repaid until December 21, 2010, but was unable to pay the borrowed money as above due to the occurrence of outstanding amount, suspension of transaction, etc. of transaction by transaction partners, and even if a promissory note is discounted by the victim due to the relationship with which there was a debt equivalent to KRW 800 million due to bank obligations and credit card payments, etc., even though it was impossible for the Defendant to pay the promissory note by the due date, the Defendant did not notify the victim of such circumstance and told him of the payment of the promissory note normally.

As above, the Defendant, by deceiving the victim as above, acquired KRW 18 million from the victim to the Defendant’s national bank account under the pretext of the discount of bills on the same day.

B. Around May 26, 2011, the Defendant made a false statement to the victim C that “The Defendant would necessarily pay the amount of the promissory note on the face of the day when the payment was made at a discount of the KRW 10 million.”

However, the Defendant did not notify the victim of the above circumstances despite the fact that the Defendant could not pay the amount of the promissory note up to the due date even if the Defendant received a discount from the victim as above, and said that the Defendant would normally approve the amount of the promissory note.

The Defendant, by deceiving the victim as above, has received 6.5 million won from the victim to the Defendant’s national bank account under the pretext of the discount of bills on the same day, and had the victim receive 2 million won.

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