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(영문) 수원지방법원 성남지원 2017.11.28 2017고단172
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On February 21, 2014, the Defendant committed fraud under the pretext of the borrowed money, within the victim C’s residence in Sung-nam-gu Seoul Special Metropolitan City BOOOO, Sung-gu, Seoul Special Metropolitan City, and written with the victim’s “the company rent was set off and the bond was set.”

In this case, money should be given to the bond company.

When lending money, 300,000 won and the company's Dong fee received installment savings in spring and made a false statement that the principal will be repaid.

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

On February 21, 2014, the Defendant received KRW 500,000 from the injured party’s bank account (D) with the Defendant’s name around February 21, 2014, a total of KRW 14,00,000 from around the above day to April 19, 2014, as shown in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

B. On July 29, 2014, the Defendant committed fraud in the name of the leased deposit money: (a) came to know that the lessor of the studio leased by E, his/her father, would transfer the deposit money to the passbook in the name of the lessee E; (b) was willing to receive the deposit money from the lessor at his/her own discretion; (c) had the victim lent the passbook in the name of E due to the corporate tax issues; and (d) had the victim borrowed the passbook in the name of E and received the deposit money; and (e) had the lessor returned the deposit money in the name of E with the name of his/her father as the Defendant was his/her father.

However, the defendant was not the father of E, and even if he received money from the lessor, he did not have the intention or ability to deliver it to the victim.

The Defendant received 2,310,000 won in total from the above lessor to the Agricultural Cooperative (F) account in the name of E on July 29, 2014 as the deposit money, and received 2,310,000 won in total from August 1, 2014.

Accordingly, the defendant is the victim.

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