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(영문) 서울동부지방법원 2014.02.12 2013고단1780
사기
Text

The defendant shall be punished by imprisonment with prison labor for 6 months for the crime of 1. and 2. The crime of 3.0 of the decision.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul East District Court on August 16, 2012, and completed the execution of the sentence at the Seongdong-gu District Court on August 16, 2012, and on April 17, 2013, the Defendant was sentenced to two years of suspension of execution on October 23, 2013, and the said judgment became final and conclusive on July 23, 2013.

1. On October 2012, the Defendant made a false statement to the victim D that “The Defendant would develop the game machine program with a company in Seoul and operate the game machine nationwide after deliberation by the Ministry of Culture and Tourism, and then try to operate the business on the 2 and 4th floor of this building. On the first month, the Defendant would try to bring about the game machine Daegu, the purchase cost of the game part would be changed.”

However, there was no intention or ability to conduct a game-related business at the same time, and the money borrowed from the victim was thought to be used as various kinds of expenses and credit card-related expenses, and even if no particular property or income was received from the victim, there was no intention or ability to pay the money.

As above, the Defendant, by deceiving the victim as above, obtained KRW 4 million from the victim on November 19, 2012, and obtained KRW 3.5 million on December 15, 2012, and acquired KRW 7.5 million in total by deception.

2. Around August 30, 2012, the Defendant made a false statement to the effect that “The Defendant secured 40 game instruments to wrap up the game machine” to the victim C at his own house located in Gangdong-gu Seoul, Gangdong-gu, Seoul, 410 Dong 403, and 403, the Defendant purchased the game machine in the face of KRW 23 million and opened the game room.”

However, the defendant did not have the intent or ability to purchase a game machine, and was thought to use the money received from the victim as living expenses, etc.

As above, the Defendant, by deceiving the victim as above, received KRW 23 million from the victim on September 11, 2012 from the victim and acquired it by fraud.

3. The Defendant is a policeman on July 2013.

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