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(영문) 서울남부지방법원 2020.09.11 2020고정955

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant concluded that “a university tuition fee of KRW 5 million is necessary” to the victim B at a place where the location is unknown. If the Defendant borrowed KRW 5 million, he/she would receive her husband’s payment by no later than 3 days after the third day.”

However, even if the defendant borrowed money from the victim, the defendant attempted to use it as gambling expenses, etc., and there was no intention or ability to repay it without any particular property.

Nevertheless, the Defendant, by deceiving the victim, received five million won from the victim.

2. On October 5, 2014, the Defendant: “Around October 5, 2014, at a place where it is difficult to know the place, the Defendant stated that “it is not possible to pay apartment management fees, insurance premiums, etc. by smuggling. If the Defendant borrowed KRW 10 million, he/she would make reimbursement by June 27, 2015.”

However, even if the defendant borrowed money from the victim, the defendant attempted to use it as gambling expenses, etc., and there was no intention or ability to repay it without any particular property.

Nevertheless, the Defendant, by deceiving the victim, received 9.5 million won in cash from the victim.

3. On October 31, 2014, at a place where the location is unknown, the Defendant: “Around October 31, 2014, at a place where it is difficult to identify, the Defendant: (a) provided that “A victim is short of KRW 1,500,000 with an extended amount; and (b) provided a loan of KRW 1.5

However, even if the defendant borrowed money from the victim, the defendant did not have any intention or ability to repay the money without any particular property.

Nevertheless, the Defendant, by deceiving the victim, was transferred one million won from the victim.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 15.5 million from the victim three times.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. A copy of each loan certificate;

1. A copy of a notarial deed;

1. Copy of remittance receipt;

1. A copy of the personal financial transaction;

1. Deposits and transactions;