beta
(영문) 의정부지방법원 2020.06.17 2020고단415

사기

Text

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

Reasons

Punishment of the crime

On October 24, 2019, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Jung-gu District Court on October 24, 201, and the said judgment became final and conclusive on December 16, 2019.

"Around October 26, 2016, the Defendant made a false statement to the effect that "Around October 26, 2016, the Defendant would have repaid KRW 5 million after one month if he/she borrowed business funds."

However, the defendant did not operate the business, used the money received from the victim as money for gambling on the Internet, and there was no fixed income at the time, so there was no intention or ability to pay the money borrowed from the victim.

The defendant received 5 million won from the victim to the Cbank account (Account Number D) in the name of the defendant under the name of the defendant in the name of the victim on the same day.

In addition, the Defendant received a total of KRW 235,820,000 from around that time to July 12, 2018, in total, 38 times as shown in the annexed crime list.

Accordingly, the defendant was given property from the victim by deceiving the victim.

On October 23, 2018, the Defendant stated that “at the Fju shop operated by the Defendant, at the place where the location is unknown, around 11:20 on October 23, 2018, the Defendant provided that “at the Fju shop operated by the Defendant, the employees would be 35 million won while gambling with the future customers, and shall be asked for the issuance of the order.” However, the Defendant stated that “the amount of KRW 20 million was resolved and the amount of money would be settled.”

However, in fact, the defendant did not operate the FJ, and only he thought that he borrowed money from the victim to repay the existing debt or to use it for personal purposes, such as living expenses, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and is under the name of the defendant on the same day from the victim.