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(영문) 서울동부지방법원 2019.07.17 2019고단55
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In around 2016, the Defendant was the salesperson of “B” and was aware of the Victim C. The victim knew that there was no close family member who cares for the victim due to the age of 85 years, and attempted to obtain money and valuables by accessing the victim.

1. On November 2017, the Defendant made a false statement to the victim’s house located within the building F in Gangdong-gu Seoul Metropolitan Government, stating that “I will make a good work to the believers who have difficulty in attending the church, but D will not receive the deposit from the owner of the church.” B if I lend KRW 31 million to B, I will obtain the house of the money and immediately repay the money if I will return the deposit.”

However, in fact, around November 20, 2017, the money required as the above D deposit was already appropriated for the money borrowed from the victim and the money borrowed from the financial institution from the financial institution. It was thought that the company would be the head of the company (State) H's branch in which G is operated with the money to be drawn from the victim. However, even if the company engaged in door-to-door sales business in a multi-stage manner or the company becomes the head of the above company's branch because there was no particular profit structure, it could not obtain any particular income, and the defendant did not have any intention or ability to pay it because there was no particular income or property.

Around December 12, 2017, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the deposit account in the name of the J bank under the name of the J bank under the name of the Defendant at the K Financial Center of the J Bank in Gangdong-gu Seoul Metropolitan Government (J Bank) and acquired it under the same name as one million won.

2. On December 29, 2017, the Defendant related to business investment lending KRW 200 million to the victim’s house in order to compensate for money by investing in the business.

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