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(영문) 전주지방법원 2020.05.19 2019고단1967

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 8, 2014, the fraud Defendant made a false statement to the victim B, stating that “I would repay money in advance to the victim B, if you lend money,” around August 8, 2014.

However, in fact, the Defendant did not have any special income or property at the time of being bad credit, and was liable for a debt worth KRW 35 million, and did not have any intent or ability to repay the debt even if he borrowed money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim’s new bank account (Account Number: C) in the name of the Defendant, and received KRW 1 million in total from the same account around the 14th day of the same month and KRW 3 million in total from the same account.

2. On October 9, 2014, around October 2014, the Defendant made a false statement that, “Around October 9, 2014, the Defendant was unable to know the trade name in the Magsan-si 1 Dong, Sinsan-si, and the Defendant borrowed 18 million won from the Plaintiff’s husband, and the Defendant did not repay the money to the Plaintiff, the Defendant would have a friendly divorce if he/she was aware of the Plaintiff’s husband’s her husband. The Defendant would sell a vehicle or receive a loan from the Plaintiff with a loan of KRW 18 million.”

However, in fact, the Defendant did not have any special income or property at the time of being bad credit, and was liable for a debt worth KRW 35 million, and did not have any intent or ability to repay the debt even if he borrowed money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 18 million from the victim’s account under the name of the Defendant under Paragraph (1) on the same day.

3. On November 19, 2014, the defrauded made a false statement that “Around November 19, 2014, the Defendant may be employed as a teacher to pay KRW 30 million to the said victim when he/she was a D or fixed-type teacher.” However, the amount of KRW 15 million is insufficient. If he/she borrowed money, he/she will receive the monthly salary as a teacher and pay the full amount of the borrowed money before he/she received it.”

However, the defendant is either a teacher or a teacher.