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(영문) 서울남부지방법원 2019.08.28 2019고단796

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2014, the Defendant was sentenced to one year and one year and six months of imprisonment for fraud at the Sungnam Branch of the Suwon District Court, and completed the execution of the sentence at the Ansan Prison on October 26, 2016. On February 14, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for night residence intrusion and larceny, etc. in leisure branch of the Suwon District Court, and was sentenced to two years of imprisonment with prison labor at night in leisure branch of the Suwon District Court.

5.14. The above judgment has become final and conclusive.

【Criminal Facts】

On January 1, 2017, at around 12:30, the Defendant: (a) stated that “The parent’s property is eight billion won; (b) the father must return to the husband, and (c) the lawyer’s fee is required to obtain inheritance; (d) the Defendant introduced the victim C to the Defendant; and (b) around that time, the Defendant is obliged to return to the father’s return to C. It is necessary to obtain inheritance. To obtain inheritance, the Defendant borrowed the attorney’s fee to the Plaintiff, and operates the Plaintiff’s return to the father. To receive the inheritance, the travel has lent the attorney’s fee to the Plaintiff, and the travel has paid KRW 20,00,000,000 to the father, and the father’s premium is KRW 15,50,000,000,000,000,000,000 won, and the father’s premium is not paid.”

However, in fact, the defendant was drank back by his father, and there was no need to pay attorney's fees, and there was no travel agent and supporting store, etc., and even if the defendant borrowed money from the victim because there was no particular property or income, he did not have any intention or ability to pay it.

Nevertheless, on January 31, 2017, the Defendant, by deceiving the victim as above, received 4,500,000 won from the victim to the D (E) account under the name of the Defendant under the pretext of borrowing money from the victim, etc., to March 13, 2017, in total, 11 times under the same name as shown in [Attachment Table Nos. 2 through 12] in the list of crimes.