beta
(영문) 광주지방법원 2020.04.29 2019고단299

사기등

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2019 order 299] The Defendant introduced the victim B who became aware of in C to D, and subsequently, the Defendant stated, around August 2, 2018, the Defendant stated, “Admonished KRW 66,00,00 to the victim through Messen and F, and if the Defendant borrowed money to Africa, he/she shall file a complaint, and if he/she fails to repay the money, he/she shall pay the money by August 10, 2018.”

However, in order to raise the cost of living, the defendant assumes the identity of D and makes a false statement, and did not have the intent or ability to pay money even if he borrowed money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 66,000 won from the victim to G account in the name of the Defendant on the same day and acquired it by fraud.

[2019 order 384] The Defendant introduced the victim H as D through the instant Messen, and said, around August 10, 2018, the Defendant stated that “Around August 10, 2018, the Defendant would repay KRW 130,000 to the victim KRW 100,000,000,000 by 15.”

However, in order to raise the cost of living, the defendant assumes the identity of D and makes a false statement, and did not have the intent or ability to pay money even if he borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received 50,000 won from the victim to the G account in the name of the defendant on the same day and acquired it by deceit.

[2019 order 1266] The prosecutor charged the Defendant with each of the instant frauds in the instant case as substantive concurrent crimes. However, since multiple acts constituting the same crime are continuously conducted for a certain period of time as a single and continuous criminal intent and the damage legal interests are the same, each of these frauds is recognized as a single comprehensive crime.

The defendant introduced the victim I known in C to J, and then, around March 1, 2018, the victim requires hospital costs and weak value to the victim through E Messen and F, and the victim has no money under the current finger operation.