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(영문) 의정부지방법원 고양지원 2013.12.06 2013고단1412
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On January 25, 201, the Defendant called the victim C in Yongsan-gu, Yongsan-gu, Mangdong-gu, Yongsan-gu, and provided that “If the Defendant lends 30 million won to the victim C, 600,000 won per month, 60,000 won shall be given and the money shall be returned if the victim said 1 month advance.”

However, at the time, the Defendant had to pay interest equivalent to KRW 400-5 million every month due to a debt equivalent to KRW 150 million at the time, and there was no intention or ability to pay as agreed to the victim, as there was no particular property.

The Defendant, as such, by deceiving the victim, received 30 million won from the victim to the national bank account in the name of the E on January 25, 2011.

B. On September 21, 2012, the Defendant sent a telephone to the said victim, stating that “If the said victim lends an additional loan of KRW 50 million, 1.5 million per month shall be given, and if the victim speaks in advance, 1.5 million shall be returned.”

However, the defendant did not have an intention or ability to repay to the victim as promised by the above circumstances.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim to the national bank account in the name of the National Bank in September 21, 2012.

2. Fraud against victim G;

A. On May 18, 2012, the Defendant: “On May 18, 2012, the Defendant sent a phone call to the victim G that “ there is good investment goods to work in the family-friendly relationship. When investing KRW 20 million, the principal shall be given after one month and KRW 3 million shall be given a profit.”

However, the defendant thought that he would have been able to repay the money that he received from the victim, and there was no intention or ability to return the money that he promised to receive from the victim due to the circumstances such as the above 1.

As such, the Defendant, by deceiving the victim and deceiving it from the victim on May 18, 2012, shall be KRW 20 million to the national bank account in the name of E, and KRW 14 million to the national bank account in the name of H on July 17, 2012, and KRW 20 million to the national bank account in the name of H on September 6, 2012.

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