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(영문) 서울중앙지방법원 2015.03.13 2014고단9782
사기
Text

Defendant

DE shall be punished by imprisonment with prison labor for four months, and by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

[Criminal Justice] On November 27, 2013, Defendant DE was sentenced to a suspended sentence of two years for imprisonment with prison labor for special larceny, etc. at the District Court of Jung-gu on June 27, 2013, and the said judgment became final and conclusive on December 5, 2013.

【Criminal Facts】

1. On March 15, 2013, Defendant A’s fraud stated that, while working as a business director at FN sings near the former GC Station during the Ansan-si period, Defendant FO (the age of 35) of the victim, who is the business owner of the said sings, stated that “The business expenses need to be reduced to the business affairs in which he/she is carrying out, and thus, vary in operating expenses.”

However, since there was no business activity in which the defendant did not receive money, there was no intention to use it as business cost even if he received money.

Nevertheless, the defendant deceiving the victim as above and received KRW 400,000 from the victim through the Agricultural Cooperative passbook (Account Number F Q) in the name of the FP for business expenses from the victim from that time, for the same year.

5. Until June, 200, a total of KRW 15,420,00 was 13 times as shown in the annexed list of crimes.

2. Defendants’ fraud

A. On September 2013, the Defendants were aware of the fact that the victim FR (25 years of age) who had worked in the past by the Defendants was trying to purchase the vehicle, and had the intent to acquire the money by deception.

Defendant

A directed the Defendant DE that “I would collect money from FR to purchase a company’s name on the one hand,” and the Defendant DE said that “I would purchase a substitute vehicle in the name of the company at a singing room with the name of the company on September 25, 2013, in which the trade name in the name of the Dong-dong cannot be known,” the Defendant DE said that “I would purchase a substitute vehicle in the name of the company on the other hand if I want to purchase five million won.”

However, the Defendants did not intend to purchase the vehicle under the name of the company to the victim.

Nevertheless, the Defendants, as above, deceiving the victim and deceiving the victim, shall be lighting around September 25, 2013 from the victim.

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