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(영문) 수원지방법원 2020.03.31 2019고단5890

사기

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for an injury at the Seoul Central District Court on June 17, 2020, and the said judgment became final and conclusive on January 17, 2020.

【Criminal Facts】

The Defendant, from October 2016 to November 201, is a person who operated a singing room with a mutual name “C Sing room” on the 2nd floor of the Ginging-si Area B from March 2017.

1. Fraud against victim D;

A. On October 2017, the Defendant: (a) expressed that he/she would invest approximately KRW 30 million in the victim D (Nam, 29 years of age) who was engaged in the business of selling his/her clothes in Dongdaemun-gu; (b) called the victim at a non-permanent place around 15:00 on November 3, 2017, and called the victim to provide a false statement that “I will open the Nong-gu in addition, I will go back to one another; and (c) I need to provide a old room because there is no well-known living together. The studio deposit in Gangdong-gu Seoul, where I live, shall take place on November 19, 2017.”

However, even if the defendant borrowed money from the victim, he did not think that he would use it as the studio deposit of the son, and there was no plan to invest 30 million won, and it was thought that he would use the money as personal business operating expenses or living expenses.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the E-bank F account in the name of the Defendant on the same day under the name of the borrowed money for studio deposit from the victim and acquired it by fraud.

B. On December 4, 2017, the Defendant issued money to the said victim via the Kakao Stockholm message to supply money to the said victim at a non-permanent place via the Kakao Stockholm message. On a loan of KRW 2 million, the Defendant would have to pay money up to 10 million at night. If the Defendant received money together with KRW 30 million that was agreed to make an investment, then the Defendant would have to pay money with money prior to the instant deposit.”

However, the defendant is now going to open.