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(영문) 서울북부지방법원 2020.05.14 2019고단5415

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to one year of imprisonment for special injury at the Busan District Court, and on March 8, 2018, the Defendant completed the execution of the sentence at the Busan Correctional Institution.

"2019 Highest 5415"

1. On August 30, 2019, the Defendant committed the crime: (a) around August 30, 2019, in the Jung-gu Seoul Metropolitan Government Building C and D Real Estate (E) operated by the Victim B, as if he were the person having re-existent power, and (b) as if he was the person having re-existent power, the Defendant made him distribute seven times the amount of 10 million won if he walked on the racing and horse race race, the Defendant would have him gain a dividend; and (c) now, there is no difference from the fact that he lost the wall so that he would have lost the wall.”

However, in fact, the defendant did not run the racing, and there was no particular income due to the lack of a certain occupation at the time, so even if he received money from the victim, he did not have the intent or ability to pay the victim the profit or to pay the money.

Nevertheless, the Defendant received 11,00,000 won in cash from the victim for the same day as the horse investment money and the borrowed money.

2. Around September 9, 2019, the Defendant, at the place indicated in paragraph (1) around September 9, 2019, concluded that “Around September 9, 2019, the Defendant borrowed a card to enable the said victim to use the retail machine to cover expenses as the costs and expenses need to be incurred.”

However, in fact, the Defendant did not run the racing and horse, and did not receive retail payment of the horse dividend, and there was no particular benefit due to the absence of a certain occupation at the time. Therefore, even if the Defendant received money from the victim, he did not have the intent or ability to pay the victim the profit or to pay the money.

The Defendant, upon receiving 50,00 won in cash from the victim as the loan money on the same day, shall obtain the victim's cash from the victim, obtain the F credit card in the victim's name, and use it to use it, and make a total of 12 times as shown in attached Table 1 from September 13, 2019 to September 20, 2019.