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(영문) 청주지방법원 2019.07.18 2018고단2715

사기

Text

A defendant shall be punished by imprisonment for six months.

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

1. On June 1, 2009, the Defendant presented to the victim B a written agreement of civil engineering at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of making it possible for the victim B to receive DNA civil engineering works jointly with the E representative director F, a corporation, if the Defendant is a week, at the coffee shop located in Gangnam-gu, Seoul.

However, in fact, there was no contract with the owner, and there was no authority related to the above civil engineering works, and there was no intention or ability to accept civil engineering works even if the victim received money from the victim for the cost of living.

Around June 3, 2009, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the agricultural bank account (G) of the Defendant, and acquired it by deceiving the victim.

2. On Oct. 1, 2009, the Defendant made a false statement to the effect that “The Defendant would repay the expenses immediately if he/she lends the expenses to the victim once again. The Defendant would have the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works again.”

However, there was no intention or ability to repay the borrowed money from the victim due to the lack of economic situation.

Around October 19, 2009, the Defendant, by deceiving the victim as above, obtained KRW 500,000 from the victim, to the Agricultural Cooperative (G) account under the name of the Defendant, and KRW 1,500,000 from October 24, 2009 to the same account, and acquired KRW 1.5 million in total from the victim.

3. On October 2009, the Defendant made a false statement to the victim of the instant restaurant located near the station located in the Chungcheongnam-gu Seoul Special Self-Governing Province, Habman, Habkwon, that “I would pay back immediately if the security is insufficient. If the Defendant would not be able to give a loan to the Defendant for the installation of the interior hall, then the Defendant would have to pay KRW 15 million to the money that he received before.”

However, even if it is difficult to lend money from the victim due to economic difficulties, the intent or ability to pay it.