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(영문) 춘천지방법원 강릉지원 2018.07.12 2018고단448

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against victim V;

A. On February 23, 2016, the Defendant, who committed the crime, called the victim on or around February 23, 2016, made a false statement to the effect that, in order for the Defendant to purchase a skiing shop that is currently in operation, he/she should replace and remodel the signboard in order to obtain the value and sell it.

However, even if the defendant borrows money from the injured party, he only intended to use it as Internet gambling and living expenses, and he did not have the intention or ability to pay it normally.

Around February 25, 2016, the Defendant deceivings the victim as above and was transferred KRW 10 million to the Saemaul Treasury account (W) in the name of the Defendant from the victim.

B. On May 2, 2016, around May 2, 2016, the Defendant made a false statement to the effect that “Around May 2, 2016, the Defendant was to fully repay all of the borrowed money from around August 20, 2016, with the proceeds from lending KRW 25 million to the victim’s business expenses.”

However, even if the defendant borrows money from the injured party, he only intended to use it as Internet gambling and living expenses, and he did not have the intention or ability to pay it normally.

As above, the Defendant was transferred KRW 25 million in total, including KRW 12 million around May 5, 2016, and KRW 3 million around May 6, 2016, to the Saemaul Treasury Account (X) in the name of the Defendant by deceiving the victim as above, and KRW 10 million around May 9, 2016.

2. On December 14, 2017, the Defendant made a false statement with regard to the victim Y, stating that he/she would lend 1.2 million won to the victim from Et that is located in Dong-dong, Chungcheongnam-si, Chungcheongnam-si, and that he/she would pay interest to the victim up to the day he/she paid off.

However, even if the defendant borrows money from the injured party, he only intended to use it for the Internet gambling and living expenses, and he did not have the intention or ability to pay it normally.