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(영문) 서울남부지방법원 2019.01.10 2017고단4885
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

around October 2013, the Defendant stated to the effect that “The name is D and the veterinarian is a veterinarian.” The business fund is a mother and child, and the business fund is to be repaid immediately.” The Defendant stated to the effect that “the payment is to be made in full,” around October 2013, the victim B.

However, the defendant was not a veterinarian, and there was no business plan in Japan, while there was no particular property or income, while there was no intention or ability to repay the debt from the victim even if he borrowed money from the victim.

On December 2, 2013, the Defendant, by deceiving the victim as above, received transfer of KRW 1,300,000 to the E account under the name of the Defendant, and received delivery of KRW 29,221,382 in total on 123 occasions from the same date to July 18, 2015, as shown in attached Table 1.

around April 24, 2015, the Defendant of “2017 Man-Ma5882” said, around April 24, 2015, at “G” stores located in the Gwanak-gu Seoul Special Metropolitan City F, the Defendant did not join the victim C in the name of the Defendant, and said, when the mobile phone is opened in the name of the victim, the Defendant would faithfully pay the mobile phone charges and the mobile phone equipment charges.

However, even if the defendant opens and uses a mobile phone in the name of the victim, he/she did not have the intention or ability to pay the user fees and the cost of mobile phone devices.

Nevertheless, the Defendant opened a cell phone (H) in the name of the victim at the above date, time, and place, and obtained property benefits equivalent to KRW 4,795,080 by failing to pay usage fees of KRW 3,99,40 and the cost of mobile phone devices of KRW 795,680, while using them until December 2015.

"2018 Highest 3564"

1. The criminal defendant has no particular property or income, and even if he/she borrows money from the victim I, he/she is merely used for his/her own living expenses, etc., and he/she shall pay a high interest to the victim and return the principal to the victim.

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