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(영문) 전주지방법원 2018.10.11 2018고단1283

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 2, 2017, KRW 3.5 million, the Defendant, at a restaurant where, around August 2, 2017, it is difficult to know the trade name located in the Seongdong-gu in the Jeonjin-gu in the Jeonjin-gu in the Jeonjin-gu in the Jeonjin-gu, Seoul around August 2, 2017, borrowed KRW 3.5 million to the victim B, who, if so, would be repaid.

“.....”

However, in fact, although Defendant did not think that the above money was used for gambling, but the victim did not accurately express his/her intent to use the money if he/she knew of such fact. Even if the Defendant did not have any particular property in the name of the Defendant, and the amount in arrears to the lending company exceeds KRW 16 million and the amount in arrears exceeds KRW 15 million, there was no intention or ability to repay the money at the time of the promise.

Nevertheless, the defendant deceivings the victim as above and transferred 3.5 million won to the credit union account (Account Number: C) in the name of the defendant from the victim.

2. On or around August 4, 2017, KRW 2970,00,00 won, the Defendant, via a telephone around August 4, 2017, would have to repay to the victim the deposit immediately if the Defendant “around August 4, 2017, it is necessary to pay the deposit, three million won, and the Defendant would have paid the deposit.”

“.....”

However, the defendant did not accurately use the money like Paragraph 1, and even if he borrowed money, he did not have an intention or ability to pay the money at the time of the promise.

Nevertheless, the defendant deceivings the victim as above and transferred 2970,000 won to the personal compromise account (Account Number: C) in the name of the defendant from the victim.

3. On August 21, 2017, the Defendant, around 4.5 million won, around August 21, 2017, would offer to the victim in the vicinity of the Jinjin-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) the amount of money that he/she has lent so far to him/her at KRW 10 million, on the face of his/her own, and KRW 3 million, in the name of his/her life cost.

“.....”

However, the facts are that the defendant did not accurately speak as stated in Paragraph 1, and he borrowed money.