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(영문) 춘천지방법원 2016.01.14 2015고단1151

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant used money from around B, C, and D in 2003, but did not pay more than KRW 100 million, and was accused of fraud from such women. However, since 2005, the Defendant was not present at an investigation agency, and thereafter, was absent from the F Inspection in E at the time of residence, and used the name of G at that time.

1. Fraud against victim H;

A. On January 25, 2010, the Defendant is entitled to subscribe to the Defendant as a fraternity in the Jsing room operated by the Victim H, the main week located in I at the time of his stay on January 25, 2010.

A false statement was made to the effect that the monthly payment is to be made in good faith during the remaining period after the receipt of the fraternity.

However, the Defendant joined another sequence operated by the injured party and paid a large amount monthly payment. Since the Defendant borrowed money to another person due to the difficulty in paying a large amount of money, etc., the Defendant was obligated to pay it. Therefore, even if he received a guidance from the injured party, he did not have the ability to pay it continuously for the remaining period after the receipt of the guidance money.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of KRW 30,30,000,000 from the damaged person on the pretext of guiding him; and (c) obtained the delivery of KRW 165,60,000 in total on six occasions from around that time to February 2011 by the same method, such as the list of crimes in the attached list of crimes.

B. On January 28, 2011, the Defendant made a false statement to the effect that “The Defendant would repay money up to five months from the lending of money to the victim because he/she had a place where money is urgently needed.”

However, the Defendant did not have any intent or ability to repay the amount even if he borrowed the money from the injured party because the Defendant had a large amount of obligation due to the payment of the total amount of money.

Defendant 2.