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(영문) 수원지방법원 2017.01.18 2016고단3935
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2016 Highest 3935] Defendant was working for the Defendant who is located D around June 1, 2011.

E A victim C who was aware of in the course of visiting a usual room in the lottery room is holding a G lottery room in the Jung-gu, Sungnam-gu, Sungnam-gu.

The purpose of this paper is to show and directly operate the lottery room in order to reduce the profit by neglecting the operation of the lottery.

If you make an investment, they will pay a certain amount of profit.

“The phrase “ was false.”

However, the defendant did not own the above rehabilitation room in the Sungnam city and did not receive the operation right from the owner of the above rehabilitation room, so even if he received the above money from the victim, he did not have the intent or ability to pay the profit by operating the above rehabilitation room.

Nevertheless, on June 6, 201, the Defendant: (a) by deceiving the victim; (b) obtained KRW 10 million from the victim to the Agricultural Cooperative account in the name of the Defendant; (c) KRW 30 million from June 10, 201 to the Agricultural Cooperative account in the name of the Defendant’s H; and (d) around July 4, 201, to receive KRW 10 million from the Agricultural Cooperative account in the name of the Defendant; and (c) acquired KRW 50 million in total from the victim to the Agricultural Cooperative account in the name of the Defendant.

[2016 Highest 5475] On February 16, 2010, the Defendant made a false statement to the victim J on the part of the Defendant’s lottery ticket operated by Sungnam-si Si I, which stated that “The Defendant would make a prompt payment of the lottery prize to customers” would be paid up for five million won as there is no money now.

However, even if the Defendant received the winning money from the lottery issuer as the lottery tickets received from the customers, the Defendant did not have the intent or ability to repay the borrowed money to the victims because it was intended to use it in repayment of his/her obligation.

The defendant deceivings the victim as above and received five million won in cash from the victim, i.e., the victim, from the victim, to November 22, 2013, from that time.

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