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(영문) 의정부지방법원 2017.04.14 2016고단5446
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On 2014, the Defendant was under detention of C, a male living together with the Defendant, making efforts to raise an agreed amount. He heard the victim D, who became aware of in society, that the husband of the victim was detained, and the house where the victim was living together, was sold by auction and the victim was living as aground, and the remaining property remains aground. The Defendant displayed a yacht in the F warehouse operated by C in Namyang-si, Namyang-si, the victim was able to take the victim into the victim, and the Defendant stated the yacht in that “The president of the Republic of Korea is the president of the Republic of Korea who operates the inside F and is living together C, and is the president of the remaining C, who is living together with him.” The Defendant concluded that “30 million won is Chewing, and there is no cash amount, and thus, the victim’s c0 million won is lending 30 million won with the agreed amount under detention of C.”

In addition, on December 8, 2014, the Defendant called the victim by phone, and falsely called, “The amount of KRW 30 million in the need of KRW 2-30 million with the amount agreed by South Korea, living together, is insufficient, and KRW 30 million is loaned to the victim, the Defendant would sell shares within one week and pay off the shares immediately.”

However, the Defendant did not operate F, and was aware that C was not in good operational situation to the extent that it could not prepare for the agreed amount of KRW 260 million. Of the above agreed amount, KRW 100 million borrowed from the third party, the Defendant borrowed KRW 90 million in lieu of the Defendant’s obligation to pay the guaranteed amount, and 40 million in lieu of the Defendant’s co-offenders. In addition, it was written by C around 2012, the Defendant invested KRW 80 million in C and received KRW 100 million in repayment, and it was impossible to repay the victim’s borrowed amount with the F Operation Fund, and the Defendant did not have any intent or ability to compensate for the said borrowed amount, such as the Defendant was unable to prepare KRW 30 million in a week because he did not own any shares.

The defendant deceivings the victim as above, and thereby deceivings the victim, the defendant 30 million won to an account in the name of the branch around December 10, 2014.

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