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(영문) 의정부지방법원 2016.07.13 2016고단463
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

The defendant pays 3,900,000 won to the applicant C, which is obtained by fraud.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to three years of imprisonment with prison labor at the District Court for the District Court, and on April 9, 2016, the said judgment became final and conclusive.

[2016 Highest 463] The Defendant operated the “G text store” in front of F elementary schools located in Gwanak-si from around 2010 to the Government of the Republic of Korea, and could not recover the amount equivalent to KRW 80,000,000,000 and its interest that were lent to the branch, and the door door-gu operation fund repaid personal obligations, such as interest, etc. with the accounts paid from the members of the fraternity who terminated the shortage of the operation fund, and if the fraternity is not paid, it was paid with money borrowed from I, etc., or if the fraternity is broken, it was considered that the Defendant operated the credit system by the prompt term “return prevention”, such as paying the accounts unpaid to the members of the fraternity that was made before the payment was made.

1. On August 25, 2012, the defrauded Defendant made a false statement to the victim C, stating that “the mother hospital expenses is required” and “the victim C would pay interest if he/she lends.”

However, in fact, the defendant could not recover the amount of money that he lent to pro-Japanese, and there was no operation fund of the door-gu, and even if he borrowed money from the damaged party such as the shortage of funds to pay the fraternity to the fraternity members by using the personal debt repayment etc., he did not have the intention or ability to pay it.

The Defendant received from the injured party KRW 6.5 million in the name of borrowed money, namely, KRW 3.5 million in the name of the injured party, KRW 3.5 million in the name of the 29th day of the same month, KRW 6 million in the name of October 23 of the same year, KRW 6 million in the name of the 31st day of the same month, and KRW 10 million in the name of the 15th day of December of the same year, respectively.

Accordingly, the Defendant, as seen above, obtained a total of 33.9 million won by deceiving the victim and acquired it by fraud.

2. On January 2013, the Defendant against the victim J, K, and L: (a) the victims entered the 10 million foot 21 unit system to the victims, i.e., the 10 million unit system.

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