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(영문) 춘천지방법원 원주지원 2018.02.21 2017고단1087

사기

Text

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

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On July 5, 2010, the Defendant: (a) false statement was made to the victim B that “I would make payment without molding after using only 1-2 months if I lent the money from the number gauge to be received at this time,” in that the Defendant’s “D clothes” operated by the Defendant in Ansan-si, a member-gu, Ansan-si.

However, the facts are as follows: (a) the Defendant started the business of “D” around spring in 2009, and the financial situation is not good; (b) the number system of the Defendant’s operation was not operated properly due to the reasons such as withdrawal from the fraternity; and (c) thus, even if the Defendant borrowed money from the injured party, the Defendant did not have any intent or ability to repay the money by the due date.

Nevertheless, the defendant deceivings the victim as above and received 20 million won as the loan from the victim, i.e., the victim.

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

B. On July 10, 2010, the Defendant entered the said paragraph at the place where the said paragraph was entered, stating that “If the Defendant paid the said amount in 200,000 won each month after opening a number of 20 times in the number line where the inside is located, he/she would give the said amount to the order of 20,000 won.”

However, in fact, the number system of the defendant's operation was not operated properly due to the secession of some members, and the defendant did not have sufficient financial conditions to use the guidance money received from the injured party as living expenses. Therefore, even if he received the guidance from the injured party, he did not have the intent or ability to pay the guidance money normally according to the sequence.

Nevertheless, the Defendant: (a) by deceiving the victim as above and received KRW 2 million from the victim under the same day’s guidance; (b) from October 10, 201, 201, and (c) around July 10, 201, the Defendant received KRW 30 million in total from the same victim 15 times per month on the pretext of a total of KRW 15 million from the same victim, excluding July 10, 201.

Accordingly, the defendant deceivings the victim.