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(영문) 창원지방법원 마산지원 2018.12.18 2018고단431

사기

Text

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

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

Reasons

Criminal facts

1. Around September 2017, the Defendant made a false statement to the effect that “The Defendant may deposit KRW 100,000 per day if he/she lends 20 million to the victim B, because he/she has a high profit.”

However, the defendant did not have an intention or ability to pay the amount of money and principal to the victim because he thought that he would be stuffed on the illegal Internet gambling site by lending money from the victim.

Nevertheless, after deceiving the victim and being transferred to a bank account in the name of the defendant on September 26, 2017 from the person who is affiliated therewith, the defendant shall continue to transmit money to the bank account in the name of the defendant and to the bank account as designated by the plaintiff if he/she sent money to the bank account in the name of the defendant.

The phrase “to return profits” and “the fact that around October 13, 2017,” deceptions the victim to the effect that “to return the profits,” and, as in the case of money received from the previous victim on the Internet gambling site, it was said that the victim was able to do gambling at the same time as the money received from the previous victim on the Internet gambling site, thereby deceiving the victim to “to use only a short number of 2 to 3 days and return them.” As stated in attached Table (1) from September 26, 2017 to November 20, 2017, the victim acquired KRW 66,317,200 in total by means of remitting KRW 146,867,200 from the victim to the account under the name of the Defendant or the account designated by the Defendant.

2. On October 23, 2017, the Defendant made a false statement to the effect that “The Defendant would make a payment to the victim B with the payment of the credit card by setting aside the withdrawal money from the bank at the Financial Supervisory Service due to Bosing,” and that “on the face of lending the card in a Tong, the withdrawal of the passbook would be made in full as the withdrawal money of the passbook is set off.”

However, as stated in paragraph 1, the defendant did not lose the balance of the passbook because he did gambling at the illegal Internet gambling site.