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(영문) 서울중앙지방법원 2018.05.24 2017고단8133

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant: (a) turned the victim D to December 2, 2016, using NAV carp, and (b) the victim E was missing from the victim D.

1. The Defendant, against the victim D, was able to receive money from the victim by making a false statement with the victim’s age D (the age of 16 at that time). The Defendant was able to use it for the Defendant to pay back the amount of money.

On January 26, 2016, at a place where the Defendant was not known to Seoul (Seoul) around January 26, 2016, the Defendant “The father made the passbook with his father.”

For this reason, the father and the father should be created and displayed.

A false statement was made by inserting money to the head of the Tong and displaying it to his father, and then lending the subject money to return it again.

However, in fact, the defendant did not think that he had made a soft passbook to his father, and did not think that he had made a soft passbook. It was thought that he borrowed money from the victim to pay personal debts, living expenses, etc., and even if he borrowed money from the victim due to no particular property or income, there was no intention or ability to pay the money.

Nevertheless, the Defendant: (a) received 150,000 won under the name of the Defendant’s bank passbook (Account Number: G) from the victim’s account holder on the same day from the person deceiving the victim as above; and (b) received 150,000 won under the name of the Defendant’s bank passbook (Account Number) from the Defendant’s account holder on the same day; and (c) from around that time to December 4, 2016, received a total of KRW 9,248,103 in the name of the borrowed money, etc., as shown in attached Table 1.

2. Although the Defendant sought to borrow money from the said D, the Defendant received money from the victim E, who did not have any money, from the said D, with the intent to use the Defendant to repay the said money.

The defendant on February 1, 2016.