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(영문) 서울중앙지방법원 2015.09.23 2015고단2892
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2015 Highest 2892]

1. On April 2014, the Defendant made a false statement to the victim AW (year 30,000) at a “AV” screen golf course located in Gangnam-gu Seoul AU, Gangnam-gu, Seoul, stating that “The Defendant will send the victim AW (year 30,000,000 to the Philippines for four and five days, on July 1, 201.”

However, at the time, the Defendant had no intention or ability to send travel to the victim even if he/she received money from an existing customer by using the money that the Defendant received from the new customer due to lack of funds for the purchase of airline tickets. However, even if he/she received money from the victim under the pretext of sending a golf trip, he/she was expected to use it in repayment of his/her personal debt.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 1,330,000 from the victim to the new bank account (AY) with the name of AX around April 29, 2014.

2. On May 1, 2014, the Defendant concluded that “Around May 1, 2014, the Defendant would purchase and offer to the victim a golf bond with a 7.50,000 won in the main scam.”

However, the Defendant had no intention or ability to purchase golf loans to the victim even if he/she received money from the victim for the purpose of purchasing golf loans. However, the Defendant had no intention or ability to purchase golf bonds from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 750,000 won from the Defendant’s bank account (D) under the name of the Defendant for the purpose of purchasing golf loans.

[2015 Highest 2984] The defendant, on September 6, 2014, at the closed site of a place, would make a schedule known to the victim AZ only before a certain month, because he/she could take five-day trip to the Z by telephone.

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