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(영문) 의정부지방법원 2020.10.21 2020고단4350

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 5, 2020, the Defendant was sentenced to 8 months of imprisonment for fraud at the District Court of Jung-gu on June 5, 2020, and the judgment became final and conclusive on June 24, 2020.

【Criminal Facts】

1. On May 14, 2018, the criminal defendant against the victim B stated that, within the “D” coffee shop on the first floor of the C commercial building in Yangju-si, Yangju-si, the defendant would make a full payment by October 31, 2018, including interest in arrears, which has not been paid for one year if only 15 million won has been leased.”

A correction shall be made as shown in the column of one deception method in the attached Table 1 List of Offenses.

However, at that time, the Defendant was making a loan to the Internet gambling with no special profits, and even after receiving the money from the victim, the Defendant did not have any intent or ability to pay the money to the victim by the agreed date because he was planned to use it for Internet gambling.

The Defendant received a total of KRW 33 million from the victim to July 31, 2018, including the receipt of KRW 15 million in cash on the same day from the victim, and received a total of KRW 33 million from around that time to July 31, 2018.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

2. On October 17, 2018, the criminal defendant against the victim E stated that “If the expenses for school expenses of the victim of the F victim E are overdue and paid to the victim, he/she shall not be allowed to graduate. If the victim is unable to pay the expenses in arrears, he/she shall not receive the fee.”

However, at that time, the Defendant was making a loan to the Internet gambling with no special profits, and even after receiving the money from the victim, the Defendant did not have any intent or ability to pay the money to the victim by the agreed date because he was planned to use it for Internet gambling.

The defendant was delivered 2.5 million won from the victim to G account under the name of the defendant, as well as from the time of the delivery. < Amended by Act No. 1434, Jan. 1, 2019>