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(영문) 서울남부지방법원 2017.06.09 2017고단1560
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 201, 201, the criminal defendant against the victim B made a false statement to the victim B, stating, “If he/she has been engaged in mobile tea business but has made an investment in order to expand the business, he/she will give him/her profits.”

However, the Defendant did not normally operate the mobile tea business at that time and did not actually make profits, and even if he received money from the injured party, he did not intend or have the ability to invest in the mobile tea business and pay profits.

As above, the defendant deceivings the victim and deceivings the victim, 10 million won into the defendant's national bank account on March 10, 201; 5 million won on March 25, 201; and

6. 29. 3 million won and the same year;

2. Two million won and the same year;

7.21. 21. 8 million won and the same year;

9. 29. Receiving KRW 2 million from the agricultural bank account in the name of the Defendant to transfer KRW 30 million in total on six occasions.

Accordingly, the defendant deceivings the victim and obtained a total of 30 million won from the victim and acquired it by fraud.

2. On July 27, 2011, the criminal defendant against the victim C made a false statement to the victim C, stating that “I would pay money to his/her natives in return for the lending of money to his/her natives, but I would not pay money to his/her natives immediately if he/she sells.”

However, the Defendant did not normally operate the mobile tea business around that time, and was actually making no profit, and even if receiving money from the injured party, there was no intention or ability to repay the money from the injured party by selling the three deputy area.

The defendant deceivings the victim as above and received 30 million won from the victim to the national bank account in the name of the defendant from the victim on the same day, and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1.With respect to B and C, respectively.

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