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(영문) 서울중앙지방법원 2017.04.26 2016고단8419
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 24, 2009, the Defendant: (a) within the hospital located in Dongjak-gu Seoul Metropolitan Government (Seoul) around March 24, 2009; (b) was declared bankrupt in around 2005; and (c) was in the amount of KRW 7,00 to KRW 8,00,00,000; and (d) was thought to use the card debt at the time of 2009 as horsebling, living expenses, etc. even if the Defendant received money from the victim E; and (b) did not have the intent or ability to allow the victim to move into the leased apartment; (c) however, the Defendant concluded that “the victim’s three-party rental apartments located in the upstream of the Paeae University to move into the leased apartment near the Paeae University by November 209.”

As above, the Defendant: (a) deceiving the victim; (b) received KRW 6 million on the same day check from the victim under the pretext of moving in the rental apartment; and (c) received KRW 9 million in total from the national bank account in F to the national bank account in the name of F; and (d) deceiving the victims for the same purpose as indicated in the list of crimes in the attached Table between around that time and October 5, 2010; and (b) was granted KRW 120,410,000 in total from 7 victims under the pretext of the occupancy in the rental apartment as shown in the list of crimes in the attached Table; and (c) was granted from October 201 to 7.

On May 2009, the Defendant made a false statement to the effect that “The Defendant moved in a rental apartment located in the airbandon-dong to the victim G by December 13, 2009 at a coffee shop where the trade name located in the Dongjak-gu Seoul Metropolitan Government Salydong cannot be seen as having been known.”

However, the defendant did not have any relation with the above rental apartment, and even if he received money from the injured party, he thought that he would use it as gambling or living expenses, etc., and he did not have the intent and ability to allow the injured party to move into the rental apartment.

However, the defendant deceivings the victim as above, and thereby deceivings the victim from the victim to the national bank account in the name of F, the amount of KRW 13 million on May 8, 2009, and KRW 10 million on May 11, 2000.

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