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(영문) 서울중앙지방법원 2019.02.19 2018고단8419

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around January 2016, the Defendant got aware of online hosting on the Internet, followed the victim B by false remarks, such as “B is a middle school teacher who graduated from the University M&T, which is against the first eye.” However, the Defendant was willing to obtain money from the victim by borrowing money for the purpose of medical treatment, gift purchase, etc.

On March 9, 2016, the Defendant, using the Messenger, concluded that “I would pay off without pay leave because the body of the Defendant is not good. I would have to receive dental treatment, and if I would have borrowed KRW 300,000,000,000,000,000,000 won.”

However, in fact, the Defendant did not have a certain amount of income as a computer protour and did not want to use the money borrowed from the victim for a hobby life, such as cost of living or purchase of saved money, and did not have any idea to receive dental treatment. The Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim due to a bad credit holder who was urged to repay the total amount of 13,577,000 won due to nonperformance of obligation.

On March 9, 2016, the Defendant received 300,000 won from the victim’s commercial bank account (E) in the name of the Defendant as dental treatment expenses, and received KRW 61,145,000 in total from around that time to October 21, 2017, as shown in the attached list of crimes, from around 98 times as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Notice of the current status of financial transactions, detailed statement of transactions by account and detailed statement of transactions by account;

1. Documents to be submitted by complainants (the details of withdrawal transactions, cards transaction details), documents to be submitted by complainants (D dialogues, certificates of details of insurance contract loans, etc.);

1. Details of entry and withdrawal transactions, cards transaction details, etc.;

1. Details of conversation;

1. Recording records;

1. Application of Acts and subordinate statutes to data submitted;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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