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(영문) 수원지방법원 성남지원 2018.10.18 2017고단3127
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On January 20, 2016, the Defendant was sentenced to six months of imprisonment for fraud in the support for Sungnam Branch of Suwon District, and the above judgment became final and conclusive on April 8, 2016.

[Criminal facts]

1. On October 5, 2014, the Defendant was guilty of garnished goods, and the Defendant had “W” related goods to the victim B.

A false statement was made to the effect that money would be deposited to the effect that the goods will be delivered.

However, there was no intention or ability to send the goods to the victim even if he received the money from the victim, because the Defendant did not have any goods at the time, and the money received from the victim was thought to be used for another purpose.

The Defendant, by deceiving the victim as such, received 40,000 won from the victim, to the national bank account under the name of the Defendant on the same day from the victim, and 240,000 won under the same name on the seventh day of the same month, and 153,000 won under the same name on the August of the same month, and 32,000 won on the same name on the same day on the same day, and received 465,000 won over four occasions in total.

2. On October 15, 2014, the Defendant would give the victim B a two-time investment amount after 10 days to the victim B, “The friendly Gu engages in the clothing business in Vietnam.”

If the investment is not well-grounded, it made a false statement to the effect that the principal will be guaranteed even if the investment is not well-grounded.

However, in fact, the defendant's friendship did not operate the clothing business in Vietnam and there was no place of investment, and since the money received from the injured party was thought to be used for other purposes, such as living expenses, etc., there was no intention or ability to repay the principal and interest even if he received the money from the injured party.

The defendant deceivings the victim as above and received 500,000 won from the national bank account under the name of the defendant on the same day from the victim, and the defendant is subsumed as attached Table 1 from the above day to June 3, 2015.

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