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(영문) 광주지방법원 목포지원 2015.11.06 2015고단790
사기등
Text

A defendant shall be punished by imprisonment for one year.

The defendant is an applicant for compensation of KRW 1,067,00 and the defendant is an applicant for compensation.

Reasons

Punishment of the crime

"2015 Highest 790"

1. The Defendant is a person who has worked as an employee of “P”, a mobile phone sales store located in the O at Mapopopos.

On February 13, 2015, the Defendant made a false statement that “The Defendant would return the remainder of KRW 100,000,000 after two weeks from the deposit of the device to the victim Q Q at the time of opening the cell phone,” and the Defendant would not impose the installment of the device.”

However, in fact, even if the defendant received money from the victim as the price of the device, he was only the intention to use it for the repayment of the defendant's existing obligation, and there was no intention or ability to return the device price or to prevent the installment from being imposed.

As above, the Defendant, by deceiving the victim, received KRW 957,00 on the same day from the victim to the national bank account in the name of the Defendant, etc. from February 18, 2015, by deceiving the victim Q and R as shown in the attached crime list (1), and by deceiving the victim Q and R, as stated in the attached crime list (1) to acquire KRW 3,828,00.

"2015 Highest 943"

2. Around December 10, 2014, the defrauded expressed to the effect that “the Defendant may sell money to the victim during a short-term auction with a mother or in-house auction.” Around December 10, 2014, the Defendant said that “I would have the victim receive money from a short-term auction or loan with a short-term auction.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to receive an external or monetary auction for the victim, and was thought to use the money for personal purposes such as repayment of his/her obligation.

The Defendant received from the victim a transfer of KRW 5 million to his own national bank account on the 19th of the same month, KRW 3 million on the 20th of the same month, KRW 22.2 million on the 22th of the same month, and KRW 17.9 million on the 24th of the same month, respectively.

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

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