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(영문) 서울서부지방법원 2016.12.23 2016고단1505
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 12, 2013, the Defendant sentenced eight months to imprisonment for a violation of the Road Traffic Act at the Seoul Western District Court on November 12, 2013, and completed the execution of the said sentence on July 11, 2014.

Around October 2014, the Defendant expressed a sense of view, such as “a person who lives together in the same way as the victim” to the victim D (hereinafter, 41 years of age) who became aware of through the “C” of “member of a smartphone application” through “C,” and tried to acquire money by iceing the business funds for the victim as he/she had a criminal intent to married with the victim, as he/she was in need of money such as living expenses, etc. while driving as he/she had a criminal intent to marry with the victim.

Defendant,

1. On November 15, 2014, a false statement was made by phone calls to the victim and “Around November 15, 2014, with loans that need to be paid in a middle and high-speed sales business and that a person will repay 20 million won without mold if he/she borrowed 20 million won.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would use it as personal living expenses, such as food expenses, transportation expenses, and the value of the loan, not as a heavy business, and there was no intention or ability to repay the loan.

Accordingly, the Defendant, as if he acted as the victim, by deceiving the victim as if the business funds were urgently needed while acting in the manner of marriage with the victim, received KRW 17,429,592 from the victim on the 21st of the same month from the victim’s bank account in the name of the Defendant.

2. Around December 1, 2014, the victim called the victim’s telephone, and “Around December 1, 2014, the primary business was to bring in and sell a reputation and hand-on from the next Hong Kong, while the primary business was well known.”

However, even if the Defendant borrowed money from the victim, the Defendant was thought to use the borrowed money as personal living expenses, such as food, transportation expenses, and value of the borrowed money, rather than the Hong Kong import business, and there was no intention or ability to repay the borrowed money.

Accordingly, the defendant is deceiving the victim as if the business fund is urgently needed while acting as the victim is married with the victim.

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