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(영문) 의정부지방법원 2020.11.18 2020고단4338

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

The defendant shall pay 4.1 million won to B who is an applicant for compensation.

3.2

Reasons

On September 13, 2018, the Defendant had been sentenced to imprisonment with prison labor for a crime of fraud at the Jung-gu District Court on September 13, 2018, and the execution of the sentence was terminated on October 6, 2018.

Punishment of the crime

1. Around November 5, 2019, the Defendant entered into a false statement to the effect that “D” telecom operated by the victim B (Nam, 56 years of age) located in Gangdong-gu Seoul Metropolitan Government, “The Defendant was unable to pay accommodation expenses because he/she became aware of the amount of money from an enterprise currently working in the Republic of Korea,” and that “The Defendant would pay accommodation expenses of KRW 300,000,000,000,000,000,000 won with accommodation expenses.”

On January 12, 2020, the Defendant continued to use the guest room provided by the victim to the effect that “the Defendant would pay accommodation expenses to the following week” whenever the date of payment promised with the victim until the date of payment.

However, in fact, the Defendant had no intention or ability to pay accommodation expenses even in the case of accommodation in the telecom operated by the victim because the Defendant had failed to repay his business for the four years prior to the other debtors' demand for repayment, and the Defendant had to pay 2 million won each month.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) received the said telecom E from the victim; and (c) received the said telecom from October 29, 2019 to January 12, 2020; and (d) did not pay an amount equivalent to KRW 38.10,000,000 for accommodation expenses; and (b) obtained pecuniary benefits equivalent to the said amount.

2. Around December 8, 2019, the Defendant: (a) stated in paragraph (1) at the place indicated in paragraph (1); (b) the victim stated in paragraph (1) stated in paragraph (1) stating that “Any child who attends an elementary school at his/her home is in need of money to be made at his/her school; (c) there is no money. It is only the card at present; and (d) this money is a false statement to the effect that “the Defendant would be lent KRW 50,000 in cash immediately after being repaid, apart from the lodging expenses

However, in fact, the defendant was in default of his four-year business, and was responsible for the other debtor's demand for repayment, and 2 million won per month.