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(영문) 수원지방법원 성남지원 2016.07.14 2016고단759
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 2, 2015, around June 2, 2015, the Defendant made a false statement that “A” house located in Seongbuk-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, where the Defendant was working for the Defendant, would immediately be a loan to the victim D by having applied for a loan as security. It would be an urgent repayment of money, and would immediately be repaid within 300,000 won if he/she borrowed money.”

However, in fact, the defendant did not have any authority over the above heading and did not have the ability to obtain a loan as collateral, and even if he borrowed money from the injured party, he would have used to prevent the gambling from using the horse at the expense of horse or returning the gambling debt incurred in the horse, and there was no other property owned by him and there was no other ability or intent to repay the borrowed money to the injured party.

After all, the Defendant, as above, by deceiving the victim as above, received 2.7 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day.

2. On June 12, 2015, around June 12, 2015, the fraud Defendant called the victim at the head office, as described in paragraph 1, around June 12, 2015, to the effect that “The Defendant paid the down payment to take over the part payment, but the intermediate payment should be paid, and the loan is expected to be promptly set off, so that the Defendant would immediately pay the part payment by taking over the part payment.”

However, even if the Defendant borrowed money from the injured party, the Defendant was thought to use it to repay gambling debts as described in Paragraph 1, and did not have the ability to accept the said money, and there was no other property owned, and there was no other ability or intent to repay the borrowed money to the injured party.

Ultimately, the Defendant, by deceiving the victim as above, received 1,450,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day, and obtained cash 4,550,000 won and acquired 6 million won in total.

Summary of Evidence

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