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(영문) 서울서부지방법원 2019.01.29 2018고단2605

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 31,130,000 won to an applicant for compensation for physical damage.

3.2

Reasons

Criminal facts

1. On July 2015, the Defendant: (a) made a false statement that “E” in front of “E” located in the pel located in Eunpyeong-gu Seoul Metropolitan Government Da; (b) if the Fund is paid, the Defendant may receive interest on the 10th of each month from the victim B. The Defendant received interest on the 10th of each month to lend the 5th of each month interest to the victim; and (c) the Defendant would at any time return money, such as deposit money, if necessary.”

However, the Defendant had no ability to return money even if the Defendant’s claim recovery is unclear and requested by the victim for the repayment of money due to the shortage of money due to the lack of money. The Defendant used the funds in a way of return such as urgent living expenses of the Defendant or repayment of money to another person, and the repayment of money to another person, etc., and the Defendant’s repayment of money is being made with another person’s fraternity, etc.., and there was no intention to return the money.

As such, on September 18, 2015, the Defendant, by deceiving the victim, received 4 million won from the victim to G bank account (H) in the name of the Defendant’s fatherF (H) designated by the Defendant on September 18, 2015, and received 3,8130,000 won in total through eight times from the time until June 24, 2016, by the same method as indicated in attached Table 1.

2. Around December 7, 2015, the Defendant: (a) around December 7, 2015, there was a guidance to pay 200,000 won to the victim B once and 10 times at a non-place located in Eunpyeong-gu Seoul Metropolitan Government; (b) at the same time, 200,000 won has been paid in 10,000 won per annum; and (c) upon maturity on February 2016, 2320,000 won will be paid at the same time.

The term "the expression was false."

However, in fact, the defendant was unable to pay the time limit money, such as not paying the time limit money, even though he received the credit money from the victim from September 18, 2015.