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(영문) 서울서부지방법원 2014.01.24 2011고단2147
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the fraud as to C is acquitted.

Reasons

Punishment of the crime

[2011 Highest 2147]

1. Fraud against victim D;

A. On July 22, 2005, the Defendant stated that “Around July 22, 2005, the Defendant would deposit the price with the head of the Tong on the 14th of each following month when he supplies both ties, such as strawing and white powder, to the victim D in Songpa-gu, Songpa-gu, Seoul.”

However, there was no intention or ability to pay the 80,000,000 won, even if the 80,000 won has already been borne by the victim to pay the 80,000 won.

As above, the Defendant, by deceiving the victim D as above, was supplied by the victim with an amount equivalent to KRW 13,00,000 at the market price of both beliefs, such as scambling from the victim’s position, and was supplied by the victim, and was equivalent to KRW 19,50,000 at the market price around July 29, 2005; and

8.8.Wroning the market price of 19,000,000 won or more, the same year.

9.3.Womanal Market Price of 25,000,000 won and the same year.

9. Around November of the same year, around 16, the market price of KRW 1,50,00 and around October 5 of the same year, the market price of KRW 24,540,00 and around August of the same year, around KRW 33,60,000, around November of the same year, and around KRW 16,80,000, around November of the same year and around November 14 of the same year were supplied with 169,740,000 in total on nine occasions.

B. On September 16, 2005, the Defendant made a false statement to the victim D on the G market located in Songpa-gu Seoul Metropolitan Government, stating that “The Defendant offered KRW 34,000,000 of the credit amount and interest at KRW 34,000 of the total credit amount, which reduces the amount of promissory notes equivalent to the face value of KRW 52,824,000,000 from the total credit amount at face value, and offered a discount of KRW 16,000.”

However, even if a promissory note is paid to the victim as the settlement of credit payment, there was no intention to pay the said note normally.

As above, the Defendant deceivingd the victim D and received KRW 16,00,000 from the victim under his/her pretext as a discount for the bill in the same place.

2. On May 22, 2006, the Defendant against the victim H was a victim at a cafeteria roasting, roasting, roasting, roasting, and roasting, near the Dong-dong in Eunpyeong-gu Seoul Metropolitan Government.

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