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(영문) 서울중앙지방법원 2018.07.11 2017고단8690
사기
Text

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

Reasons

Punishment of the crime

On January 2017, the defendant introduced the victim C, which he/she became aware of through the introduction of the middle and long-term land managers, as D Cosmetics Company Publicity Director E, and suggested that he/she will request the manufacture of a container of the amount of cremation to be exported to China, and that he/she will pay the down payment at the beginning of March 2017.

At the same time, I tried to believe that there was a transactional relationship with the victim as if the victim entered into a contract for the manufacture of cremation containers, and acquired money by fraud.

1. The Defendant, on February 15, 2017, is in need of money to be changed to the victim C in an irregular coffee shop near the entrance No. 9, the subway No. 2 located in the Gangnam-gu Seoul Eastdong, Gangnam-gu, Seoul.

If a person lends KRW 50 million to the company, he/she stated that he/she will be paid with the money because he/she entered the company at the end of February 2017.

However, in fact, the Defendant was required to pay the borrowed amount individually, and there was no money to pay the borrowed amount of KRW 50 million at the end of February 2017, and there was no intention or ability to pay the borrowed amount to the victim.

The defendant deceivings the victim as above and acquired on February 16, 2017, KRW 50 million from the damaged person through a G account in the name of the Fast Bank of Korea Co., Ltd.

2. On February 28, 2017, the Defendant is required to change the money to the victim C in an urgent manner at the same place as the above paragraph (1).

On March 13, 2017, “A loan of KRW 30 million shall be provided with KRW 50 million plus KRW 80 million prior to the date of repayment.”

However, in fact, the Defendant was unable to repay KRW 50 million under the above Paragraph 1, and there was a need to pay the Defendant’s personal debt, etc., so there was no intention or ability to repay KRW 80 million to the victim until March 13, 2017.

The defendant deceivings the victim as above and acquired on February 28, 2017 the amount of KRW 30 million from the damaged person through the G account in the name of the FBS Co., Ltd.

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