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(영문) 춘천지방법원 강릉지원 2019.07.25 2018고단906

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant and the Victim B, “2018 Godan906,” are between elementary schools and the Victim B.

On July 7, 2017, the Defendant concluded that “C” restaurant located in Seocho-si, Seocho-si, that “The Plaintiff is operating a human resources office, and there is insufficient personnel expenses to be paid to the father. If the Defendant borrowed money from a construction firm supplied with human resources at the end of the month, he/she would complete payment up to August 5, 2017.”

However, the Defendant had no intention or ability to pay the borrowed money within the agreed period because the Defendant had already been in a situation where the obligation to a financial institution and an individual exceeds 40 million won, and the Defendant did not have any money to be paid by the Corporation within the nearest time.

Nevertheless, the Defendant received the victim’s transfer of KRW 15 million on July 13, 2017, and KRW 5 million on July 21, 2017, and KRW 20 million on July 21, 2017, to the deposit account (D E) in the name of the Defendant.

B. On September 2, 2017, the Defendant called the victim by phoneing the victim at a Buddhist land, and falsely stated that “The Defendant is obliged to pay personnel expenses to the party president’s members. If the Defendant borrowed KRW 2 million to the mother, he/she would have to pay the Plaintiff a lump sum of KRW 20 million and KRW 20 million at the last time.”

However, the defendant is true.

For the same reason, there was no intention or ability to repay the borrowed money within the period promised.

Nevertheless, the Defendant received the victim’s transfer of KRW 2 million to the said deposit account in the name of the Defendant on September 4, 2017.

Accordingly, the defendant deceivings the victim and obtained a total of KRW 22 million, and acquired it by fraud.

2. On April 2017, the Defendant, “2018 Go-Ma1256, the Defendant,” was in a situation in which the victim F, “at the 3-ray X-dong, Sungnam-dong, had a considerable amount of income equivalent to 15% of the monthly investment fund while operating a human resources company in front of a three-party bus terminal, and there is a lack of money, currently there is no longer a person to work.

15 million won.