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(영문) 춘천지방법원 2019.09.03 2019고단558

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on June 22, 2014.

On October 26, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on November 3, 2017, and the judgment became final and conclusive on November 3, 2017. The Defendant was sentenced to two years of imprisonment with prison labor on May 9, 2018, and the judgment became final and conclusive on August 3, 2018.

【Criminal Facts】

1. On September 2015, the Defendant: (a) made a false statement to the victim B, “The victim B, who contributed a woman clading clothes in the Internet broadcast, to pay a lot of profits if the viewing rate is high; (b) the monthly interest rate is 10% per month; and (c) the Defendant would make profits twice the principal two times after the three months.”

However, the defendant did not have any intention or ability to pay money to the victim because he did not operate the Internet broadcast or receive profits from it, and even if he did not receive money from the victim due to no special revenue or property at the time, he did not have any intention or ability to pay money to the victim.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim around September 16, 2015, KRW 10 million around September 24, 2015, and KRW 1.5 million around October 28, 2015, respectively, from the victim’s account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. Around October 1, 2015, the Defendant made a false statement to the victim B, stating, “I need to pay money rapidly to the victim E. If I lend KRW 3 million to the victim, I will give KRW 150,000 per month interest.”

However, even if the Defendant borrowed money from the victim, it was thought that it will be used as money for illegal sports discussions, and the Defendant borrowed money as above.