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(영문) 서울중앙지방법원 2019.08.13 2019고단60

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2019 Highest 60]

1. On November 14, 2017, the Defendant, as to the victim B, made a false statement to the victim as if the victim was waiting for the second announcement after he left the C University Department and waiting for the second announcement after passing the judicial examination. On November 14, 2017, the Defendant made the victim’s false statement to the effect that “I would pay back as I would receive monthly pay if I would return money.”

However, in fact, the defendant did not have any intention or ability to pay money even if he borrowed money from the victim because he had not been employed by the attorney office.

Nevertheless, the Defendant, as above, by deceiving the victim and receiving KRW 900,000 from the victim on the same day, and from that time, acquired the victim’s total sum of KRW 1,850,00 from the victim five times from February 4, 2018, as shown in attached Table 1.

2. The criminal defendant against the victim D falsely speaks that he/she was the victim as if he/she had passed the judicial examination and is waiting for admission to the Judicial Research and Training Institute. After obtaining the victim's care, he/she would be able to teach with the victim on the premise of marriage with the victim. On April 11, 2018, the criminal defendant stated that he/she would settle this debt if he/she lent money to the victim before the F convenience point in Gangnam-gu Seoul, Seoul, that "if he/she was attached to G due to his/her family debt, he/she would repay this debt and repay it later."

However, even if the defendant received money from the victim, he did not think that he will use it as a entertainment expense, and there was no intention or ability to make a subsequent repayment.

Nevertheless, the Defendant, as above, deceiving the victim and received KRW 3 million from the victim, namely, from the victim, from the victim, and from that time, July 1, 2018.