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(영문) 수원지방법원 2018.06.14 2017고단8135
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 13, 2017, the Defendant against the victim D calls to the victim D and deposited KRW 370 million of the compensation for land development within the new bank in the check. On February 13, 2017, the Defendant would pay the special rural tax after one week if he/she lends the money that he/she would pay for the special rural tax, since the said money is grassd.

On the same day, “A false statement” was made to the victim again, and on the same day, the victim made a false statement that “as there is a shortage in money to 50% at the tax accountant’s expense, 12.50,000 won is exceeded.”

However, at the time, the Defendant did not pay KRW 370 million to the Defendant, and the Defendant had no intention or ability to pay the money even if he borrowed the money from the damaged party because it was for the Defendant to consume his personal debt or living expenses.

Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 13.5 million from the Japanese bank account (Account Number: E) in the name of the defendant on the same day from the victim.

2. On March 7, 2017, the Defendant against the Victim F: “In order to deposit KRW 270,000,000,000,000 for the land development compensation in the check and to be commercialized, the following day shall be the victim F by means of text message or telephone to the victim F, and if he/she lends money to pay taxes, he/she will immediately pay the following day.

“A false representation was made.”

However, at the time, the Defendant did not pay KRW 270 million to the Defendant, and the Defendant had no intention or ability to pay the money even if he borrowed the money from the damaged party because it was for the Defendant to consume his personal debt or living expenses.

Nevertheless, the defendant's account (Account Number: : the account number) with a new bank account in the name of the defendant on the same day from the person who deceivings the victim as above.

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