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(영문) 서울서부지방법원 2013.04.24 2012고단2556
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around April 2012, Defendant 2012, 2012, Defendant 2 had already borne a large amount of debt, such as several million won, and Defendant 2 had no intent or ability to repay the debt with money from other persons, but had been able to obtain money from the victim B, who is the fifth degree of 5th degree of residence in the local area, by means of a crypt that he/she was aware of the deposit office and the third secretary, etc. for his/her children C.

1. On April 16, 2012, the Defendant, in the name of the excavated machine investment money, phone called to the victim with no intent or ability to conduct a sale and purchase business of the excavated machine in the vicinity of the Suwon-gu Suwon-dong Steering Police Station, Suwon-gu, Suwon-dong, Suwon-dong, without saying, “I will pay back a large amount of money if you buy the excavated machine and sell it overseas, and KRW 3 million of the profit will be paid to C after one month,” and the Defendant, in this context, acquired eight million won from the victim to the Suhyup bank account in the name of the Defendant on the same day as the investment money.

2. On April 20, 2012, the Defendant, who is the title of the deposit for lease on a deposit basis, was in a place where it is impossible to know on or around April 20, 2012, the Defendant called the Defendant’s false statement that “I will enter into a contract on a deposit basis with the Defendant even though he was planned to obtain the Vice Director at KRW 5 million, KRW 7 million monthly premium, KRW 1.2 million, and KRW 8 million, which is the difference, by phoneing the Defendant to the Defendant, even though he was planned to obtain the Vice Director at KRW 1.2 million on a monthly premium,” and then, the Defendant acquired from the victim as the down payment on the same day on the same day on April 26, 2012, KRW 10 million on a deposit basis, and KRW 8 million on a balance, except for brokerage fees.

3. On April 30, 2012, the Defendant, under the pretext of a deposit for lease on a deposit basis, calls to the victim that he was planned to obtain a room for C to reside at KRW 6,50,000,000 per month from a deposit amount of KRW 10,000,000,000 per month, and calls to the victim for money.

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