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(영문) 수원지방법원 2016.10.12 2016고정1890
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for embezzlement, etc. at the Suwon District Court, which became final and conclusive on October 6, 2016.

The defendant is a cargo transporter, and the victim B is known to the defendant through C, which is not the victim B.

1. On September 24, 2014, the Defendant made a false statement that “If the Defendant borrowed money from the Defendant to the Defendant that is urgently needed to pay KRW 2 million for the cost of delivery of the franchise to the Defendant, the Defendant would immediately return the value-added tax after the delivery.”

However, at the time, the Defendant did not intend to use the above two million won at the expense when shipping the franchise as above, and thought that most of the above money was used as personal expenses, etc., and there was no intention or ability to return the money upon receiving the additional tax refund.

Nevertheless, the defendant, as such, was accused of the victim and received two million won from the victim.

2. On January 18, 2015, the Defendant falsely stated that “The Defendant would sell data to the Defendant and return money if he/she borrowed KRW 1,500,000,000 as he/she needs to purchase tax data in a cargo company with his/her branch office located in a gas station.”

However, at the time, the Defendant did not intend to use the above 1.5 million won for fraud of the tax data related to the cargo company as above, and was thought to use the above 1.5 million won as the defendant's physical card price, and did not have any intent or ability to repay the above money to the victim.

Nevertheless, the defendant deceivings the victim and received 1,500,000 won from the victim.

3. On March 7, 2015, the Defendant made a false statement to the victim stating that “The Defendant shall pay the mobile phone fee to use the mobile phone in the name of the mobile phone and may lend the money to the victim.”

(b).

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