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(영문) 서울중앙지방법원 2018.02.08 2017고단7429

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at a place not known at around 208, joined two old accounts with the amount of KRW 10 million operated by the victim, 500,000 won per old account (the payment of interest after the receipt of the fraternity) and the amount of interest from the sequence 7 and 8 of the 21st unit, as if he/she were to pay the fraternity payment to the victim E in a normal manner.

However, since the defendant had no particular property at the time and had exceeded his/her obligation, even if he/she received the fraternity first through the above system, he/she did not have the intention or ability to pay the fraternity normally to the victim.

The Defendant: (a) by deceiving the victim as above; (b) obtained a total sum of KRW 18.5 million on March 5, 2009 and KRW 18.5 million on April 6, 2009 from the victim’s account in the name of the Defendant to the Agricultural Cooperative account; and (c) obtained a total of KRW 18.5 million on two occasions, such as receiving the remittance of KRW 10,000,000 from the victim’s account under the name of the Defendant, but did not pay the remainder amount of KRW 9.6 million.

2. The Defendant, on June 2009, was unable to pay the remainder after receiving the time limit money as above, and thus, the Defendant would pay the said victim the said victim the money by opening the gambling place in which he borrowed KRW 20 million and then making it difficult for the Defendant to pay the said money with the profit accrued therefrom.

The sum of 260,000,000 won per day shall be paid for the borrowed money every 100 days.

“A false representation was made.”

However, the Defendant had no particular property at the time and had difficulty in making economic circumstances. Since it was unclear whether the Defendant could receive profits even if he opened a gambling house at the time, there was no intention or ability to pay the principal and interest promised even if he borrowed money from the injured party.

On June 5, 2009, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, from the victim, and acquired it by fraud.

Summary of Evidence

1. The defendant's oral statement;