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(영문) 수원지방법원 2019.01.31 2018고단3532

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

From 2008, the Defendants are in conflict with each other on the premise of marriage.

The victim C came to know at the camping club in the workplace of the defendant A and the defendant A, and around 199, the defendant A retired, and again, the victim met at the camping club, which is a society in around 2015.

1. In around 2015, Defendant A was expected to receive KRW 3.1 billion under the name of the Defendant, who once the Defendant ended the victim’s re-fluence at the camping-dong club, which is a society, by gathering the re-fluence. The first portion was 1.6 billion won, but did not withdraw money due to tax, and the Defendant was able to employ the victim as the manager of a building that the president would have to purchase.

On December 30, 2015, the Defendant called the victim to the effect that “Around December 30, 2015, the Defendant would repay money without money if he/she borrowed money.”

However, the Defendant had no intention or ability to pay the amount of KRW 150,000,000,000 without any particular income or property at the time, and thus, the Defendant had no intention or ability to pay the amount of money from the victim.

Nevertheless, the Defendant made a false statement to the victim, and caused the victim to transfer KRW 160,00 to the E Association account in the name of D on that day. From around that time to January 31, 2016, the Defendant received a total of KRW 14,360,000 in total five times as shown in the crime list from around that time, and acquired it by defrauded.

2. Defendant A, with the knowledge of the fact that Defendant B was urged to repay the debt with the debt equivalent to KRW 300 million, Defendant A, with Defendant B, had the intent to borrow money from the victim.

Accordingly, around April 5, 2016, Defendant A called “B’s creditors to find and b’s creditors are rashing. It is urgently necessary to pay 20 million won if it is lent 20 million won to Defendant A, and it is next to that.”