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(영문) 서울북부지방법원 2017.05.11 2016고단5263
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant C for the compensation of KRW 22,598,580, and the compensation for the damage.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to one year and six months of imprisonment due to habitual fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on October 13, 2010 at the Daegu Prison.

1. Fraud against victim D. The Defendant, while working as a member of the E-rating Program club on the Internet around April 2013, introduced that the Defendant was not a public official working in the public prosecutor’s office, and introduced that “A public official working in the public prosecutor’s office is a public official working in the public prosecutor’s office” to obtain money from the victim by using it.

Around August 2013, the Defendant made a false statement to the victim, stating that “The Defendant would repay the principal and profits to the Plaintiff until December 13, 2013 after investing in the union if he/she lends KRW 3,000,000 to the union when he/she has made an investment, and he/she would repay the principal and profits until December 13, 2013.”

However, in fact, the defendant did not have a public official working in the prosecutor's office but did not have a union to make an investment, and had the intent to use the money received from the injured party for living expenses or entertainment expenses, so there was no intention or ability to pay the money.

The Defendant received KRW 3,00,000 from the Defendant’s agricultural bank account around the 24th of the same month, and received KRW 6,800,000 in total five times from that time to January 2, 2014, including the transfer of KRW 3,00,00 from the Defendant’s agricultural bank account.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against the victim C. The Defendant introduced that “A public prosecutor belonging to the Seoul Central District Public Prosecutor’s Office is a public prosecutor belonging to the Seoul Central Public Prosecutor’s Office,” even if the Defendant was not a public prosecutor, while working as a e-learning program club on the Internet around October 2013 as a member of the victim’s club on the Internet, and used it to prevent the damage.

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