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(영문) 춘천지방법원 2020.01.30 2019고단997

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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. On May 10, 2018, the criminal defendant against the victim B made a false statement to the victim B that “Any money needs to be paid to the victim B in the vicinity D located in Switzerland-si, Chuncheon-si, Seoul, to the effect that “The same would be avoided.” There shall be two copies of interest and one-year payment shall be made.”

However, there was no idea that the Defendant would have used the borrowed money for the purpose of paying interest on the Defendant’s obligation, and at the time, the Defendant had a debt of KRW 100 million at the same time, and there was no ability to repay the money borrowed from the victim as scheduled because the Defendant had a debt of KRW 100 million at the time, and had been prevented from returning the debt to others

Nevertheless, the Defendant received 20 million won from the victim in cash from the seat, which is, i.e., the victim obtained.

2. On May 2017, the criminal defendant against the victim F made a false statement to the effect that “Any money is needed to make a director at his/her large house” at the home of the victim F located in Chuncheon-si, Chuncheon-si, the victim F, “If he/she lends money, he/she will pay two (2) interest and pay the principal five (5) months after the principal is paid.”

However, the fact was that the Defendant intended to use the borrowed money for the purpose of paying interest on the Defendant’s obligation, and there was no idea to use the borrowed money as the director’s expense, and there was no ability to repay the money as agreed to by the victim because it was a situation in which other debts are returned at the time.

Nevertheless, the Defendant received 34 million won through seven times in total from March 20, 2019, from the time when he received 10 million won in cash from the victim, to March 20, 2019, as shown in the attached Table of Crimes (1).

3. Around May 10, 2018, the Defendant made a false statement to the victim H that “it is necessary to pay installment savings and pay management expenses” at the victim H’s house located in Chuncheon-si.

However, the facts are that the defendant used the borrowed money for the purpose of paying interest on his own debt, and the borrowed money is management expenses and installment savings.