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(영문) 서울남부지방법원 2012.11.07 2011고단1260
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 11, 2004, the Defendant made a false statement to the effect that “The Defendant, at the office of “D” operated by the victim C in Dongdaemun-gu Seoul, would allow the victim to enter Korea in the form of invitation from the company run by the company run in Jeju-do, and if the victim is unable to enter Korea within three months, he would pay the principal plus the interest of 2.5% per month.”

However, in fact, the defendant has only KRW 120,00,000, and even if he does not have any special property, he did not have any intention or ability to repay the amount of principal and interest if he does not have any intention or ability to return the money if he does not receive the money from the victim.

As such, the Defendant, by deceiving the victim, received 6 million won from the victim for expenses in the same place, and acquired it by fraud.

2. On May 2006, the Defendant made a false statement to the Defendant’s “H trading officer office” office located on the third floor of the G management building located in Seocho-gu Seoul, Seocho-gu, Seoul, to the effect that “The Defendant would return the deposit if the Defendant is unable to enter within 60 days, 10,000 won per head to enter the Defendant’s entry by having the Defendant find employment at the (ju) Healian Trade Center, which is newly designated by the victim, including the Defendant’s “(H trading officer) office,” and “(10,000 won per head, who will return the deposit if it is impossible to return the deposit.”

However, even if the victim receives a security deposit from the victim, there was no intention or ability to return the security deposit in the event that he/she does not enter the ship and make it impossible to do so.

As such, the Defendant, by deceiving the victim, transferred the victim to the deposit account in the name of (H) H on May 31, 2006, and KRW 5 million in total from June 12, 2006, respectively.

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