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(영문) 서울북부지방법원 2019.06.11 2018고단5142
사기
Text

around April 2014, the defendant's decision is made in fraud, and around June 2014, the crime of fraud (attached Form 1 and 2).

Reasons

Punishment of the crime

[criminal power] On June 17, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on November 28 of the same year, and completed the execution of the sentence on February 26, 2017 at the Seoul East East District Court.

【Criminal Facts】

1. Around April 2014, the criminal defendant against the victim C made a false statement that "A victim C, who was aware of his/her residence in Seoul Special Metropolitan City, Nowon-gu Down E, by making a phone call to the victim C, who was aware of his/her introduction around 2013, is in need of a deposit to be paid to the owner of the restaurant building in the vicinity of the Seoul Northern District Court. If a deposit is lent, he/she will make payment with interest two months after the loan."

However, in fact, the defendant merely thought that he would receive money from the victim to use it for living expenses, personal debt repayment, etc., and did not need to do so under the name of a restaurant deposit to be paid by the defendant. At the time, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because of no particular income.

Nevertheless, the Defendant, by deceiving the victim and being delivered KRW 5,00,000 in cash from the victim on the same day to May 20, 2017, received KRW 10,000,000 in total from the victim three times, as described in the attached Table Nos. 1 to 3, 2017.

2. Around May 30, 2018, the criminal defendant against the victim F made a false statement to the victim F, “The Fund has 1.1 billion won, which is incorporated into the Fund, and attempted to cancel it through mobile phone display.” On the basis of the fact that the Fund is transferred to the Party, if the Fund is paid directly to the G Bank employee in the name of the Party, the fee may be reduced or exempted through the employee. If the fee is paid, the payment will be made immediately by paying the fee.”

However, the defendant receives money from the victim.

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