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(영문) 서울동부지방법원 2015.10.16 2015고정1328
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Fraud;

A. On September 30, 2014, the Defendant called the victim B by phoneing the victim B from the French land around 12:00 on September 30, 2014, the Defendant called “an order to pay interest of KRW 200,000,000 as interest would have been paid to the Plaintiff.” However, the Defendant did not have an intention or ability to pay the said money as agreed upon to the victim because it was long as the contact had already been interrupted and it was not possible to receive the said money five days after the receipt of money. Nevertheless, the Defendant received KRW 4 million from the victim on the same day on September 26, 2014, the Defendant borrowed KRW 15,000 from the police officer on the ground that he/she had no capacity to receive the said money from the victim on September 26, 2014, the Defendant received KRW 400,0000 from the victim on the same day.”

B. On October 22, 2014, the Defendant: (a) served as a member of the business of a limited liability company D; (b) stated, around October 22, 2014, the Defendant stated, “A victim C, the said restaurant proprietor, is holding events in D; (c) KRW 11,40,000,000,00,000,000,000,000,000,000,000,000,000,0000,000,000,000

However, D did not proceed with the above exercise, and the defendant did not have any particular property, so that D supplied 35 stuffs or did not have any intent or ability to return the above advance payment as agreed as above to the victim.

Nevertheless, the Defendant received 1,140,000 won from the victim as the liquor price by making such a false statement.

(c) fraud with respect to victim G.

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