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(영문) 의정부지방법원 고양지원 2012.12.14 2011고단1997
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around January 25, 2010, the Defendant said that “E” in the “E” gallon of the Defendant’s operation of the window of Changwon-si, the Defendant would be entitled to receive money from the victim F, the victim G, and the victim H, “The Defendant may pay money if he/she invests in the art work. After purchasing the art work at a cost, he/she may return money to the art work. In such a case, the Defendant would give money to be invested in the art work at least 40% of the investment principal.”

However, the defendant did not have the intention or ability to trade the art product even if he received the money from the victims, and there was no intention or ability to pay the money without any particular financial ability at the time.

As such, the Defendant, by deceiving the victims, received 30 million won from the victim F on January 25, 2010, 2000 won from the victim G on January 25, 2010, 20 million won from the victim G on January 25, 2010, and 30 million won from the victim H on February 4, 2010.

In addition, on March 9, 2010 and the 10th of the same month, the Defendant, by deceiving the victim I by the above method, remitted the sum of KRW 20 million from the victim I. On March 23, 2010, by deceiving the victim J by the above method, and by deceiving the victim J by means of the above method, acquired a total of KRW 120 million from the victim J by deceiving the victim.

2. Around March 25, 2010, the Defendant borrowed money: (a) at a gallon of “E” as above, the Defendant said that “a victim G and the Victim K is engaged in the work of inserting the dymond to the works of L author; (b) the Defendant would repay 3.5% interest after one month if the Lmond is short of dymond to the loan of 100 million won; and (c) the Defendant would also repay Ma he/she has to pay the money.”

However, even if the defendant borrowed money from the victims, he did not intend to purchase the Montreal with the money, and there was no intention or ability to pay the money without any particular financial resources at the time.

As such, the Defendant, by deceiving the victims, shall account with the National Bank Account under the name of the Defendant, on March 2010.

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