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(영문) 의정부지방법원 고양지원 2013.04.17 2012고정1643
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Even if the Defendant borrowed money or property from the victim B, the Defendant did not have the intent and ability to repay it.

1. On January 17, 201, the Defendant, at an entertainment drinking club “D” located in Gangnam-gu Seoul Metropolitan Government, obtained 1,300,000 won from the victim who believed that he/she is true, by deeming that he/she would take her hand over her handtoty (a trademark: a trademark: the market price of one million won or more) in an entertainment drinking club.

2. The Defendant, at the foregoing temporary location, provided that “I will bring alcohol to the victim, and return five times the money invested together with the principal if I make an investment of three million won to B,” and acquired money by transfer from the victim who believed the truth to an account under the name of the Defendant (agricultural Co., Ltd.) on January 19, 201; KRW 1 million on January 20, 201; KRW 3.3 million on February 1, 201; and 3.3 million on February 1, 201.

3. On January 31, 201, the Defendant: “Around January 31, 2011, the Defendant opened a smartphone in the name of the driver, and immediately transferred the name of the driver, would pay the mobile phone fee without being sealed; and the victim believed to be true opened one cell phone (F) from the intercomponing mobile phone agency located in Guro-gu Seoul Metropolitan Government.

However, the Defendant acquired the amount of money equivalent to KRW 1,805,210,00,00 for the device value of KRW 900,000,00 for February, KRW 53,50 for March, KRW 122,570 for April, KRW 188,180 for April, and KRW 540,960 for May.

4. On February 2011, the Defendant: (a) while purchasing an Internet game item, the Defendant: (b) phone called to the victim to “be repaid immediately if 30,000 won or more of the item is granted”; and (c) the victim believed to be true paid a mobile phone purchase cost of the game item by paying 30,000 won or more of the purchase cost of the game item with the cell phone small amount of the mobile phone but failed to pay the amount.

5. On April 201, the Defendant: (a) while purchasing an Internet game item on or around April 201, the Defendant was phoneing to the victim for the purchase of the game item; and (b) the victim believed that he/she would pay 60,000 won of the item price to be true.

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