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(영문) 서울북부지방법원 2016.11.18 2016고단4368
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. Around October 2015, the criminal defendant against the victim C made a false statement to the victim’s (juE office) office working for the victim C in Jongno-gu Seoul Metropolitan Government Jongno-gu, stating that “If the victim borrowed the expense to receive a visa on his/her behalf, he/she will pay the victim with the principal at a higher interest than the bank within one month.”

However, in fact, the Defendant, at the time, did not intend to pay back money from the victim, even if the Defendant borrowed money from the victim, because it did not intend to use it as the fund for the sale of shares. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money.

around October 4, 2015, the Defendant received KRW 3 million from the victim via the account (Account Number:F) in the name of the Defendant and received the total amount of KRW 58.4 million from that time to January 25, 2016, including the transfer of KRW 17,000,000 from that time.

Accordingly, the defendant was given property by deceiving the victim.

2. Around November 2015, the criminal defendant against the victim G made a false statement to the same effect to the victim at the I office working for the victim G in Jongno-gu Seoul Metropolitan Government H.

However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim for the above reasons.

The Defendant received KRW 4 million from the victim’s account (Account Number:F) around November 16, 2015, from the victim and received KRW 96.5 million in total over 32 times from that time to March 22, 2016, as shown in the List of Crimes (2).

Accordingly, the defendant was given property by deceiving the victim.

3. On March 4, 2016, the Defendant against the victim J calls to the victim at a place where the location cannot be known, and such calls to the victim.

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