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(영문) 광주지방법원 순천지원 2013.07.23 2013고정455
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On August 2, 2011, the Defendant made a false statement to the effect that “The Defendant would sell imported clothing in Seoul, purchase clothes in China, and offer high profits if the Defendant borrowed money that is urgently needed.”

However, even if the defendant borrows money from the victim, he did not have the intention or ability to perform the clothes business.

As such, the Defendant, by deceiving the victim, obtained KRW 10 million on the same day from the victim and acquired it by fraud.

B. On August 16, 2011, the Defendant made a false statement to the victim B to the effect that “The Defendant extended KRW 10 million to the victim D and borrowed KRW 20 million to the person D and received the vehicle as a security, and thus, borrowed money to the victim B.”

However, there was no fact that the defendant lent KRW 20 million to D at the time and received the vehicle as security, and even if he borrowed money from the victim, he did not have the intent or ability to perform the clothes business.

As such, the Defendant, by deceiving the victim, obtained KRW 10 million on the same day from the victim and acquired it by fraud.

2. Around September 9, 2012, the Defendant made a false call to the victim E, who lives in the Seoul Jung-gu Seoul Metropolitan Government F, to the effect that “I wish to provide him/her with clothes, to lend money necessary for his/her operation, and to provide him/her with money by the settlement date of clothes, if I lend money.”

However, even if the defendant borrowed money from the victim at the time, he did not have the intent or ability to perform the clothes business.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 100,000 from the victim, KRW 200,000 on September 11, 2012, KRW 400,000 around September 15, 2012, KRW 300,000 around September 17, 2012, KRW 50,000 around September 18, 2012, and KRW 40,000 from September 19, 2012.

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