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(영문) 수원지방법원 안산지원 2019.07.25 2019고단179

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On April 9, 2018, the Defendant displayed the account books to the victim at the non-accom shop located in Ansan-si, Ansan-si, the Defendant concluded that “In the Republic of Korea, he/she has lent money to the CNE clubs, Busan-do, and Gyeyang-do, and his/her employees. At present, the employees need money, and if he/she lends money to B, he/she will use and repay money for up to three months.”

However, in fact, the Defendant did not lend money to the employees at the time, and in 2016, the bankruptcy procedure was under way upon filing an application for bankruptcy, and was thought to use the money received from the victims for online gambling, such as sports discussions, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, on April 9, 2018, the Defendant, by deceiving the victim, intended to borrow KRW 20 million from the victim. On the same day, the Defendant transferred KRW 10 million with the Defendant’s corporate bank account (E) in the name of the Defendant, and KRW 19 million with the Defendant’s F Bank account (G) in the name of the Defendant.

B. Around July 10, 2018, the Defendant made a false statement to the victim at an infinite coffee shop located in Ansan-si, Ansan-si, Seoul, that “I will pay the amount borrowed up to one month after adding up to the amount borrowed.”

However, in fact, the Defendant did not lend money to the employees at the time, and in 2016, the bankruptcy procedure was under way upon filing an application for bankruptcy, and was thought to use the money received from the victims for online gambling, such as sports discussions, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above, and makes it possible for the defendant to do so.