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(영문) 수원지방법원 2019.06.13 2019고단702

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From December 2006 to March 27, 2007, the Defendant borrowed KRW 8,700,000 under the same name from the victim until February 27, 2007, but failed to repay it. On January 16, 2007, the Defendant used the check card linked to the CF’s account (D) in the name of the victim from the first police officer of Suwon-si, Suwon-si to the extent that the Defendant borrowed KRW 3,00,00,000, including the loan of KRW 2,200,000 from the victim to the victim. < Amended by Act No. 8270, Feb. 27, 2007; Act No. 820, Jan. 1, 2007>

1. On March 31, 2007, the Defendant made a false statement to the effect that: (a) around March 31, 2007, the Defendant borrowed money in the name of the loan-related cost; (b) it is necessary to receive the victim’s “a telephone” loan from the bank in Seoul or below; and (c) it would first receive the loan; and (d) it would lend money.

However, in fact, the Defendant was planning to use the above borrowed money for entertainment or living expenses without receiving the loan from the beginning, and there was no certain occupation at the time and there was no property in possession, so there was no intention or ability to repay the borrowed money.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 80,034,200 from July 15, 2010, including from the time when he received 200,000 as the borrowed money from the victim’s bank account in the name of the victim on the same day to the money borrowed from the victim’s bank account on the same day to the victim’s bank account, and acquired the money by remittance of KRW 80,034,200 in total

2. On July 16, 2010, the Defendant made a false statement to the effect that, after transmitting the cash photo of KRW 50,000,000 that was sought on the Internet to the mobile phone of the victim, the Defendant made a false statement to the effect that “I want to obtain money because I want to do so because I want to obtain money.”

However, the defendant does not have received a loan, and the above loan is made.