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(영문) 서울북부지방법원 2016.08.31 2016고단1873
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At the time of borrowing money from the victim C, the Defendant had already been obliged to pay KRW 92 million, and even if the profits accrued while working in D were to borrow money from the victim, there was no intention or ability to pay such money.

1. On January 26, 2012, the Defendant made a false statement to the victim’s underground parking lot of the apartment complex, “I will borrow KRW 20 million as soon as possible and repay it to the Defendant’s agricultural bank account from the damaged person,” and by acquiring KRW 20 million from the damaged person to the Defendant’s agricultural bank account.

2. On February 25, 2012, the Defendant, at the victim’s her husband’s sony 202 FF lending 202 around 25, 2012, received the Defendant’s agricultural bank account from the victimized person by acquiring KRW 15 million from the Defendant’s agricultural bank account from the damaged person by falsely concluding that “When the son was retired from his/her own name while operating a restaurant, he/she was urged to pay the proceeds of the sealed food materials, he/she borrowed KRW 15 million, and then received KRW 15 million from the damaged person to the Defendant’s agricultural bank account.”

3. The Defendant, at the same place as indicated in paragraph (1) on March 26, 2012, obtains money of KRW 10 million from the Defendant’s agricultural bank account to the Defendant’s agricultural bank account in the same manner as described in paragraph (2);

4. The Defendant, on April 9, 2012, acquired by transfer KRW 10 million to the Defendant’s Agricultural Cooperative Account in the same place as described in paragraph (1) around April 9, 201, and in the same manner as described in paragraph (2), by means of the same manner as described in paragraph (2);

5. On May 25, 2012, the Defendant made a false statement to the victim’s house located in Sincheon-si G, stating that “If he/she lends money to H because he/she is qualified as an oriental medical doctor in China due to the necessity of one’s opening capital, the mother of H will repay the money that he/she received from the Defendant’s agricultural bank account on or around February 2013, he/she obtains from the victimized person to the Defendant’s agricultural bank account.” The Defendant defrauds the money by acquiring KRW 30 million from the damaged person’s agricultural bank account;

6. The Defendant, at the same place as indicated in paragraph 5 around 27, 2012, transferred money of KRW 10 million to the Defendant’s agricultural bank account in the same manner as indicated in paragraph 5, and acquired money by transfer from around 2012 to the Defendant’s agricultural bank account.

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