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(영문) 전주지방법원 정읍지원 2019.01.15 2018고단244

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 becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 244"

A. On October 17, 2017, the Defendant made a false statement to the effect that “The Defendant would immediately repay if he/she borrowed KRW 15 million as he/she needs to do so, by putting a phone to the victim C at the Defendant’s house located in Sejong-si B.”

However, in fact, even if the defendant had been constantly bound to remit foreign currency to a person who had misrepresented the customs office at the time and had been liable for excessive debts, and he had thought to remit money from the victim to the above person who had not expressed his intention or ability to repay the money.

Around October 18, 2017, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim, via a bank account (E) in the name of the Defendant.

B. On October 26, 2017, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the victim F to repay the said money, the Defendant would have to repay the said money within one week after the date of payment of the card,” by putting the phone to the victim F at the above place.

However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received two million won from the victim’s account in the name of the Defendant on the same day, and five million won from November 2, 2017, respectively.

Around October 10, 2017, the Defendant made a false statement to the effect that “The Defendant would make a loan to the victimJ because he/she experienced difficulties due to seizure on the monthly wage passbook,” through I, at the “H” office operated by the Defendant in Gunsan-si, Sinsan-si.”

However, in fact, the defendant was constantly bound to transfer foreign currency to a name-free person who misrepresented customs, and caused excessive debts, and even if he borrowed money from the victim, it does not assist K, but rather the above name-free person.