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(영문) 수원지방법원 안산지원 2019.01.30 2018고단3802 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 3802"

1. The Defendant, against the victim B and the victim C, became aware of the victim B and the victim C at the F organization hosting room created by the people who suffered damage from the purchase of Handphones from E from smartphone D.

On June 21, 2018, the Defendant against the victim B made a false statement to the effect that “The Defendant would proceed with a civil suit against E” by using F to the victim at a place where the location cannot be known. In order to proceed with a lawsuit, the Defendant made a false statement to the effect that money required for representation of the lawsuit, such as deposit, employment expenses, certified judicial scrivener’s expenses, and judicial fees, is needed

However, even if the defendant had a debt of about 5,500,000 won such as bonds at the time, he did not have the intent or ability to use the debt as the litigation cost by the victim, even if he received the money from the victim.

Nevertheless, on June 21, 2018, the Defendant, by deceiving the victim as above, received KRW 40,500 from the victim to the G bank account under the name of the Defendant (H) as the litigation representative expenses, and acquired KRW 6,437,650 in total on 34 occasions from around that time to August 18, 2018, as shown in the attached crime list (1).

B. On June 21, 2018, the Defendant against the victim C made a false statement to the effect that “The Defendant would proceed with a civil suit against E” by using F to the victim at a place where the location cannot be known. In order to proceed with a lawsuit, the Defendant made a false statement to the effect that money required for representation expenses, such as deposit, employment expenses, certified judicial scrivener’s expenses, and trial fees, is needed.

However, even if the defendant had a debt of about 5,500,000 won such as bonds at the time, he did not have the intent or ability to use the debt as the litigation cost by the victim, even if he received the money from the victim.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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