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(영문) 인천지방법원부천지원 2020.10.15 2020고단1575

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

Around October 21, 2013, the Defendant stated that “If the flouds have lent money that the flouds intended to purchase the studs to B, they will use it as a security deposit for entertainment room and give a high interest on the flouds to the flouds. The said money is expected to be used as a security deposit, and there is no problem of returning it later.”

However, in fact, the Defendant did not think of using the money borrowed from the victim as a recreation room deposit, and was thought to use the money as a repayment of interest or living expenses that had already been borne by the Defendant, and at the time, the Defendant was liable to pay approximately KRW 450 million without any particular property or income, and thus, the Defendant did not have any intention or ability to repay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim on October 21, 2013 to the corporate bank account under the name of the Defendant, and received KRW 273,200,000 from the victims on a total of 16 occasions as shown in the attached crime list 1.

around September 9, 2019, the Defendant made a false call to the victim D who is a wife at a place where the location is unknown, and made a false statement to the effect that “The Defendant shall pay in full the penalty charges, such as water and electricity, in order to adjust the store. If the Defendant borrowed money, he/she will receive a security deposit.”

However, there was no security deposit for the Defendant to receive a return due to his failure to operate the fee at the time, and the Defendant thought to use the money borrowed from the victim to pay his personal debt, and he was liable for a debt of approximately KRW 180 million without any particular property or income, and thus, there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, the defendant deceivings the victim as above, and thereby, 2.5 million won from the victim to the E bank account (F) in the name of the defendant.