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(영문) 서울북부지방법원 2016.10.20 2016고정1204
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 10, 2013, the Defendant stated that “Around January 10, 2013, the Defendant would pay back money to the victim D at the office of the Defendant (Seoul Northern District Office) No. 1109 of the building C, Gangnam-gu, Seoul, that “I will pay back money to the victim D with a fine of KRW 4 million due to a drinking run, will lend money, and the money will be paid up to KRW 100 million.”

However, the fact was that the Defendant was unable to engage in a financial transaction under the Defendant’s name since 2010, and the apartment construction project that the Defendant is proceeding around that time did not have the intent or ability to repay the borrowed amount even if he borrowed money to the victim due to an uncertain and uncertain situation.

Nevertheless, the defendant deceivings the victim as above and obtained 3 million won from the victim's account in the E name on the same day.

2. On January 19, 2013, the Defendant of the crime committed on January 19, 2013, saying, “Around January 19, 2013, at the F office located in Gangnam-gu Seoul Metropolitan Government, the Defendant provided that “A victim D shall be paid money with a fine of KRW 4 million due to a sound driving, and at that time, a loan of KRW 1 million,00,000 and KRW 2,000,000,000,000 won for business expenses, to be paid in addition, due to a shortage of money.”

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

Nevertheless, the Defendant deceivings the victim as above and received KRW 2 million from the victim’s account in G on the same day.

3. On February 6, 2013, the Defendant: (a) sent a phone call to the victim D at an unspecified place on February 6, 2013; and (b) stated, “The Defendant would immediately be ordered to pay a fine of KRW 3 million to the police station; (c) grant a fine of KRW 3 million.”

However, as above, the defendant did not have the intent or ability to repay the money even if the victim paid the money instead of the defendant.

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