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(영문) 창원지방법원 통영지원 2020.06.30 2020고단402

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2019, the Defendant was sentenced to six months of imprisonment for fraud in the Jinwon District Court's Jinju branch on November 20, 201 and the judgment became final and conclusive on November 28, 2019.

【Criminal Facts】

1. Fraud against the victim B;

A. On July 28, 2017, the Defendant: (a) told on July 28, 2017, the head of the Dong-gu operated by the victim B in Tong-si, Dong-si, Dong-si, that “I would give 200,000 won per month if I would urgently use it to the victim.”

However, in fact, the defendant did not have any particular income at the time, and was raising living expenses from those who borrowed money from them, so even if he borrowed money from the victim, he did not intend to use it as personal debt repayment and living expenses and did not have any intention or ability to pay it normally.

As above, the Defendant, by deceiving the victim as above, obtained cash of 2 million won from the victim on the same day.

B. On September 20, 2017, the Defendant: (a) stated on September 20, 2017, that “The Defendant would directly pay every month the monthly payment and complete payment of all the borrowed money to the Defendant at the instant coffee shop located in the quantitative Dong, Young-si.”

However, in fact, the defendant did not have any particular income at the time, and was raising living expenses from those who borrowed money, so even if he received the money from the victim, he did not have the intention or ability to pay the money in accordance with the agreement, and to pay the existing debt to the victim.

As above, the Defendant, by deceiving the victim, obtained 9.1 million won in cash from the victim on the same day.

2. On August 22, 2019, the Defendant against the victim E, a victim’s director G at the victim E office located in Tong Young-si, Co., Ltd., Ltd., Ltd., with the victim’s “one million won advance payment,” the victim’s director G, who was suffering from around October 1, 2019.