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(영문) 수원지방법원 2020.05.13 2019고단6068

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around July 3, 2019, the criminal defendant against the victim B calls to the victim B (the 40-year-old) who is a customer of the C judicial scrivener office in which the criminal defendant works as the office manager, and falsely speaks as follows: “In the office, he/she is allowed to enter the organization registration in his/her house, and he/she is required to pay all kinds of public charges and taxes first, and thus, he/she is required to pay money.”

However, in fact, the Defendant did not use the money borrowed from the victim for a certified judicial scrivener office, but did not want to use the Defendant’s personal debt, card price and savings bank loan to use the money borrowed from the victim, and the Defendant did not borrow money from the other party to invest in the funds in the past and did not repay it. The Defendant was liable for the debts incurred after gambling in the gambling place, such as the race track and the Gangwonland. In addition, at the time, he temporarily lent and temporarily repaid the money from other parties, and he did not have any intent or ability to repay it up to the agreed date even if he did not borrow money from the victim due to the lack of any revenue or property other than KRW 2.5 million monthly income.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 67 million won from the victim to the D Association account (E) in the name of a certified judicial scrivener C in the same day and acquired 67 million won from the victim as the borrowed money.

2. On July 23, 2019, the criminal defendant against the victim F made a false call to the victim F (hereinafter, 58 years of age) who is a customer of the said certified judicial scrivener office, and said, “I will pay taxes to the certified judicial scrivener office. The party head now now entered the office after this framework, and if I lend 30 million won to the office, I will pay 58 years of age.”

However, as stated in paragraph 1, the Defendant was thought to pay the obligees with the money borrowed from the victim, including the above B, and the money from the victim.