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(영문) 춘천지방법원 2019.01.22 2018고단1027

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 6, 2014, the Defendant made a false statement to the victim B (the 29-year-old) at a restaurant in the common and French name of the Gwangju District of Commerce, stating that “If the marriage fund is short of KRW 10 million, the Defendant will complete the marriage system and pay it with a congratulatory money after the month.”

However, in fact, the Defendant was liable for personal debt worth KRW 100 million from the second financial right, etc. at the time, and around June 2015, the Defendant was unable to repay his/her debt to the extent that he/she applied for personal rehabilitation, and thus, there was no intention or ability to repay the debt even if he/she borrowed money from the victim or borrowed money from the lending company under the joint and several guarantee of the victim.

Nevertheless, on November 6, 2014, the Defendant, by deceiving the victim as above, deposited KRW 9.5 million from the victim’s bank account (D) and transferred it to the Defendant’s account under the name of the victim, and received KRW 29.5 million in total three times from around that time to November 27, 2014, as shown in attached No. 1 to No. 3 of the List of Crimes.

2. On December 5, 2014, the Defendant made a false statement to the victim that “In order to be appointed as a full-time professor, the money is needed to be paid to the victim. Even without being appointed, the Defendant may repay the money deposited in the school with the money deposited in the school.”

However, if the defendant is not appointed as a full-time professor, there was no deposit that can be returned from the school, and the defendant did not have the intention or ability to complete payment even if he borrowed money from the victim because he had the personal obligation exceeding KRW 100 million at the time as described in Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the account under the name of the Defendant, and received KRW 1 million in cash, and received KRW 10 million in total.

3. On December 2014, the Defendant’s trade name is inconsistent with the position of the Standing District of Gwangju Poman.