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(영문) 서울중앙지방법원 2017.11.02 2017고정1771
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, even though he was aware of about forty-five (45) years and was unable to repay money from the injured party despite having borrowed money from the injured party, shall not have any intention or ability to do so:

1. On October 26, 2016, the Defendant would make repayment to the victim until November 5, 2016, when he/she lends accommodation expenses to the victim from the restaurant in the name of “E” located in the Dong-si, Gangwon-do.

“A false statement,” and that in this case shall be obtained from the injured party with cash amounting to 500,000,000;

2. On October 27, 2016, the Defendant: (a) by falsely concluding that “the Defendant would receive any remainder of the apartment house from the victim on November 5, 2016; (b) borrowed meal expenses to the victim; and (c) obtained money from the victim in cash from the victim; and (d) obtained money from the victim.”

3. On October 30, 2016, the Defendant made a false statement to “a request to lend expenses to the Red bean expense” to the victim, and that deceiving the victim, by receiving KRW 500,000 from the damaged person to a new bank account in the name of F, and by deceiving the victim;

4. On November 4, 2016, the Defendant made a false statement that “a person has no cost” to the victim by telephone, and that in this context, the Defendant received KRW 1 million from the damaged person to the new bank account in the name of his wife G from the damaged person, and acquired it by fraud;

5. On November 8, 2016, the Defendant, by making a false statement to the victim by telephone, stating that “The Defendant shall borrow money to repay the money if he/she enters Korea, because he/she is red bean,” thereby receiving KRW 200,000 from the damaged person to the new bank account in the name of his/her wife G from the damaged person.”

6. On November 10, 2016, the Defendant borrowed 1,320,000 won from the Defendant by telephone to the victim “on a deposit basis with the Red bean hotel settlement cost.”

“A false statement,” which in turn obtains 1,320,000 won from the damaged bank account in the name of F to the new bank account in the name of F;

7. On November 11, 2016, the Defendant was unable to calculate the amount of alcohol to the victim by telephone.

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