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(영문) 서울중앙지방법원 2018.09.19 2018고단3757

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. On June 18, 2008, the Defendant entered into one unit of money in Gangnam-gu Seoul Special Metropolitan City C 1037 on June 18, 2008, and “10,000,000 won for the 13-time period ending from September 10, 2008 as the 13-time period for each week” organized by the victim D, and made a false statement to the effect that the Defendant would have the victim first receive the payment of the money, and would make the payment of the money in good faith during the remaining period on the face of the week.

However, at the time, the Defendant was unable to lead a life due to the aggravation of her husband’s health while there was no certain income or property except for a few hundred thousand won of non-permanent income which the Defendant received with family affairs. Moreover, the Defendant did not have any intention or ability to pay the fraternity in full even if he received the fraternity from the injured party first of all, even if he did not pay the fraternity in full by taking advantage of the fact that the Defendant joined several circles operated by the injured party and paid the fraternity in every week. Thus, in order to pay the fraternity, there was no other method except for the method of preventing a return, such as bearing interest at a high rate, paying the fraternity in advance, and paying the fraternity in the first order. Accordingly, the Defendant did not have any intention or ability to pay the fraternity in full.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of 10,000,000 won on July 2, 2008 from the victim as a guidance.

2. On June 20, 2008, the Defendant’s fraud with respect to the winning bid for the Defendant’s free bid is a 10,000 foot that ends 14 times until September 19, 2008, at the same place as above 1, June 2008. < Amended by Presidential Decree No. 20314, Jun. 20, 2008; Presidential Decree No. 20358, Sep. 19, 2008>