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(영문) 대구지방법원 경주지원 2013.09.16 2013고단426
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 14:00 on March 5, 2012, the Defendant told the victim C to “a bus close to a D University operated due to KRW 7,00,000,000.” The Defendant would have repaid money after one month from lending it.”

However, in fact, the defendant did not operate a bus via D University, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant deceivings the victim as above, and acquired 4 million won in cash as borrowed money from the victim, and obtained 1 million won cashier's checks of KRW 7 million in total.

2. At around 14:00 on March 28, 2012, the Defendant stated that “The Defendant invested KRW 120 million after two months, since it would create KRW 500,000,000,000 after the two months, in front of the Seo-dong Busan Busan Bank, Seo-gu, Busan, that “The tourism business in the city was engaged in the landscaping business to convert into the salvical landscape business, and to invest KRW 120,000,000,000,000,0000,000 won.”

However, the Defendant did not have been engaged in the business with E President (E) and the victim did not have the ability to pay the investment and earnings between two months even if the victim invested the said money.

As above, the Defendant deceptioned the victim, and obtained the victim with cash of KRW 1 million and KRW 20,000 cashier’s checks of KRW 1 million from the victim for the purpose of investment, and acquired them by deception.

3. At around 15:00 on April 24, 2012, the Defendant heard the victim C’s phrase “I purchase of orchard F in Yongcheon-si, Busan Metropolitan City from G, which is in the process of registration as a specialized system,” and said, “I must apply for provisional seizure. I will order provisional seizure in cash, 500,000 won, painting, and authorized certificate to be effected on the face of the State.”

However, even if the defendant receives the above cash from the victim, the provisional attachment procedure will be implemented.

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