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(영문) 인천지방법원부천지원 2020.12.09 2019고단1971

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 16, 2019, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the judgment became final and conclusive on May 24, 2019.

1. Around June 5, 2015, the criminal defendant against the victim B told the victim B to the effect that “I will pay the victim B a debt if I would have no hospital fee, making it difficult to live, or lending money.”

However, in fact, the Defendant was liable for approximately KRW 20 million, and the Defendant did not have any means to repay the borrowed money in addition to the cost of living, so there was no intention or ability to repay the borrowed money even if it was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received 30,000 won from the victim’s account in the name of the Defendant from the victim, from around 77 times until July 21, 2016, and received KRW 2,576,00,00 in total as the borrowed money, from July 21, 2016, from the time to July 21, 2016.

2. Around June 23, 2016, the criminal defendant against the victim E said: (a) at the real estate agent office operated by the victim E in Bupyeong-si, Busan Metropolitan City, the victim stated that “Ah is hospitalized in the G Hospital by Ampha,” and (b) the court would promptly repay the deposit KRW 750 million to the victim.”

However, in fact, there was no deposit money of KRW 750 million which the defendant told, the borrowed money was intended to use it for the cost of living, and even if the money was borrowed from the victim due to the relationship in which the defendant borrowed money from the other party, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received KRW 70,000 from the victim to the CUnion account in the name of the Defendant for the same day, and from that time until April 15, 2017, 2,656,00 in total as the borrowed money, from around 49 times until April 15, 2017.