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(영문) 서울북부지방법원 2013.08.29 2013고단384

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 2010, the Defendant called, “If he/she lends money to a victim C who was known to him/her, he/she will pay 5% interest on the principal as at the end of each month and guarantee the principal borrowed with no molding. In addition, if he/she requests the repayment of the borrowed money, he/she will pay it within 2-3 months.”

However, it was thought that the money received from the victim was not used for the number of days, but for the card gambling fund, and the defendant did not have any intent or ability to repay even if he borrowed money from the victim due to the lack of property.

Nevertheless, on January 22, 2010, the Defendant, by deceiving the victim as such, received KRW 8 million from the victim as the borrowed money from the victim, and acquired it by deceiving the victim a total of KRW 52,162,00 through 28 times until March 27, 2011, such as the list of crimes in the attached list of crimes.

2. Around November 2010, the Defendant told the victim to the effect that “A mobile phone cannot open a mobile phone due to a credit problem in Ghana, so if the mobile phone is opened through a mobile phone, the charge will be responsible and paid.”

However, the defendant did not have any intention or ability to pay mobile phone charges at the time.

Nevertheless, the Defendant, by deceiving the victim, received D’s mobile phone from the victim at that time, and used it from February 2, 201 to June 201, and failed to pay the fee of KRW 981,130, thereby allowing the victim to obtain property benefits equivalent to the said amount by subrogation.

3. The Defendant, around April 9, 201, lent money to the victim in an insular area Seoul and around April 9, 201, when the head of the insular area “insular fests to perform the Amphal surgery.”