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(영문) 수원지방법원 안산지원 2018.05.09 2017고단3157
사기
Text

The defendant shall be punished by imprisonment with prison labor for two months for the crime of fraud on May 19, 2016 among the provisions of paragraph (1) of the judgment of the defendant, and for the remaining crimes.

Reasons

Punishment of the crime

[Criminal Records] On June 2, 2016, the Defendant was sentenced to a suspended sentence of four months for criminal fraud at the Suwon Giwon, and the judgment became final and conclusive on the 10th of the same month.

[Criminal facts]

1. On May 19, 2016, the Defendant committed the crime against the victim B: “E at an implied store operated by the Defendant in Bupyeongcheon-si D”, a game club, “If the Defendant makes an investment of KRW 6 million in one unit, he/she would make a false statement that he/she would make an investment if he/she would pay approximately KRW 500,000 to the victim as interest in one month.

However, in fact, the defendant did not make an investment in the money received from the injured party and was thought to consume the money due to personal living expenses, so there was no intention or ability to pay the agreed profit even if he received the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 6 million to the Agricultural Cooperative Account (Account Number:F) in the name of the defendant on May 19, 2016, from the victim who is affiliated with it.

From that time until February 8, 2017, the Defendant received the total amount of KRW 34 million from the injured party four times in the same manner as the list of crimes in the attached Form.

2. On September 21, 2016, the Defendant committed the crime against the victim C, which was friendly through the game club in the above E E’s around September 21, 2016, made a false statement to the victim like the preceding paragraph.

However, in fact, the defendant did not make an investment in the money received from the injured party and was thought to consume the money due to personal living expenses, so there was no intention or ability to pay the agreed profit even if he received the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 6 million won to the same account as that of the preceding paragraph on September 21, 2016 from the damaged person.

In addition, the defendant shall make three times in total from that time until March 20, 2017 in the same manner as the list of crimes in the attached Form.

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