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(영문) 광주지방법원 2021.02.05 2019고단3269

사기등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant B for the damage KRW 3,00,000 and the applicant C for the damage.

Reasons

Punishment of the crime

[2019 Highest 3249]

1. Fraud to victims E;

A. The Defendant stated in the indictment on February 22, 2019 as “as of February 2, 2019,” but appears to be a clerical error (which means the page 9, 15 pages). If the Defendant calls the victim at the office located in the Nam-gu Seoul metropolitan area F and then calls the victim at the office located in the Nam-gu Nam-gu, Gwangju, to obtain loans of KRW 3 million from the head of the relevant Tong and to deposit KRW 500,000,000 in the amount exceeding KRW 3.5 million per week.

“.....”

However, in fact, the Defendant did not have certain income at the time, and the Defendant paid the existing debt under the tentatively named “refiscing” due to a large amount of debt, so even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay the money within a week.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim to the H account under the name of the Defendant on the same day.

B. The Defendant stated in the indictment on March 4, 2019 as “ around March 24, 2019,” but appears to be a clerical error (which means the page 9, 17 pages). The Defendant calls the victim at the office located in the Nam-gu Seoul metropolitan area F and sent KRW 2,500,000,000,000, including KRW 500,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000, and00,000

“.....”

However, in fact, the Defendant did not have certain income at the time, and the Defendant paid the existing debt under the tentatively named “refiscing” due to a large amount of debt, and thus did not have any intent or ability to pay the debt within a certain period even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received 1.5 million won from the victim to the H account under the name of the Defendant on the same day.

2. Fraudulents and attempted frauds to the victim I;

A. On February 2019, the Defendant suffered the victim from J apartment K in Gwangju Nam-gu, Nam-gu.