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(영문) 서울동부지방법원 2013.05.16 2012고단2652
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant and the victim C are the relationship that he/she sets up a kind of friendship while conducting social club activities.

1. On September 2010, the Defendant called the victim C at the E office where the Defendant on the 111th floor of the Gangnam-gu Seoul DD Building works as an insurance solicitor, saying, “The Defendant was granted permission for the rent of the camping district at the FD High School” by phoneing the victim C at the E office where the Defendant was working as an insurance solicitor. In addition, the Defendant: (a) received the rent by investing KRW 10 million in an investment of KRW 5 million each; and (b) received the rent by re-lease at the camping team in another society; and

However, the defendant did not have the intention or ability to pay the profits even if he received the investment money from the victim because he did not have obtained the permission from the FF High School.

Nevertheless, the Defendant received KRW 4,00,000,000 on September 7, 2010, and KRW 1,000,000 on September 8, 2010 from the victim’s bank account under the name of the Defendant as investment money.

Accordingly, the defendant was given money by deceiving the victim.

2. On December 2010, 2010, the Defendant called the above victim’s phone, “Influence indoor practice hall used by FF High School was damaged by typhoons, and accepted expenses that the FF High School would have obtained permission from FF High School so that it can be used by cutting off, and then divided the profits by operating the camping zone class which is a society.”

However, in fact, the Defendant did not have obtained permission from the FF High School to use the indoor practice hall, and there was no intention or ability to pay the proceeds to the victim because he thought that he would use the funds received from the victim for personal purposes.

Nevertheless, the Defendant was transferred KRW 30,000,000 to a bank account in the name of the Defendant on December 8, 2010 as repair expenses from the victim’s false statement.

The defendant is attached between around that time and March 26, 201.

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