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(영문) 서울중앙지방법원 2014.10.22 2014고단2783
사기
Text

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

Reasons

Punishment of the crime

1. On June 12, 2008, the Defendant: (a) stated that “In order to obtain a loan, 5 million won shall be deposited with the former owner; (b) if sending five million won to the latter, 1.2 billion won may be loaned.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to provide the loan.

The Defendant received KRW 3 million from the victim via D around that time, and received KRW 2 million in total from the Defendant’s agricultural bank account in the name of the suspect on July 2, 2008 and received KRW 5 million in total.

2. Around July 9, 2008, the Defendant stated that “G” located in the Jung-gu Seoul Metropolitan Government F in the middle-gu Seoul Metropolitan Government F will allow the victim to perform civil engineering works on the reconstruction site in the Jeju-gu. If the Defendant did not perform construction works, the Defendant would return KRW 10 million.”

However, the defendant did not have the intention or ability to return to the victim the civil engineering work or the 10 million won.

The Defendant was given KRW 10 million from the victim’s occupation.

3. Around July 22, 2008, the Defendant issued a bank balance certificate to the victim at the I hotel coffee shop located in Seoul Jung-gu Seoul, Jung-gu, Seoul, stating that “The victim will receive a bank balance certificate with KRW 30 billion, if he pays KRW 70 million at expenses.”

However, the defendant did not have the intent or ability to obtain a bank balance certificate.

The defendant received 7 million won from the victim as a down payment in the same place.

4. The Defendant committed a crime against the victim J around September 30, 2008, by telephone from the Jung-gu Seoul Special Metropolitan City F to lend KRW 15 million to the victim by means of a telephone, “The real estate located in Gosung-gun, Gangwon-do as security. Before checking the security right place, the Defendant shall transfer KRW 400,000 to the return equipment.”

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