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(영문) 인천지방법원 2020.07.22 2019고단7673

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant, victim B, victim C, and victim D are between middle school Dongs and middle school-affiliateds.

In 2017, the Defendant received money from the victims for a false reason when gambling was conducted.

1. On July 2017, the Defendant made a false statement to the victim B by calls from the victim B at the end of the end of the year, stating that “I want to pay marriage expenses to the victim for marriage on September 2017. I wish to lend money to the victim. In the absence of money, I borrowed money to receive the loan even if I would receive the loan. I would immediately repay the loan around September 2017.”

However, even if the money was borrowed, it was thought that it would be consumed with gambling funds, and there was no idea that it would be paid for the marriage expenses, and there was no other special property and there was no intention or ability to repay the borrowed money with gambling funds if the money was consumed with gambling funds.

As such, the Defendant, by deceiving the victim as such, received from the victim the sum of KRW 7 million and KRW 3 million, around August 1, 2017, KRW 10 million around August 2, 2017, KRW 22 million including KRW 2 million around August 3, 2017, and KRW 22 million from the F bank account in the name of the Defendant.

2. On July 30, 2017, the Defendant committed the crime against the Victim C around July 30, 2017, concluded that “I wish to pay marriage expenses to the victim to the marriage on September 2017. I want to lend money to the victim. In the absence of money, I wish to lend money to the victim. If I wish to receive the loan, I will also receive the loan. If I will receive the loan, I will pay the interest during the loan, and will pay the principal later.”

However, in fact, even if lending money, there was an idea to consume money with gambling, and there was no idea to pay for the expenses of marriage. However, if lending money is consumed with gambling money, such as lending from E bank without any special property, it would be intended to repay it.