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(영문) 수원지방법원 2020.03.26 2019고단5557

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around June 2017, the Defendant against the victim B made a false statement to the effect that “The Defendant would not pay money to the victim” to the victim at the second floor waiting room of D underground in Jung-gu Seoul, Jung-gu, Seoul, with the belief that “I wish to give money to the victim. I may live in the house within three years on the ground that I believe B. B. I will not pay money to B. I.).”

However, the Defendant did not have a means of investment in which the Defendant was unable to repay debts at the time, and the Defendant did not have a means of finalizing profit for the victim. Even if the Defendant received money from the victim, the Defendant did not have an intent or ability to pay the amount of profits promised to the victim.

Nevertheless, on June 30, 2017, the Defendant received KRW 2,000,000 from the victim’s E bank account under the name of the Defendant for the purpose of making an investment and received KRW 81,940,000 in aggregate from the list of crimes in the attached Table 1 until January 15, 2018.

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

2. On November 2017, the Defendant made a false statement to the effect that “the victim would have a good investment vehicle. If the Defendant borrowed money to B with the loan, he/she would use it as an investment fund only for one year, pay the principal, and pay the loan interest every month.”

However, the Defendant did not have any intent or ability to pay the principal and interest promised to the victim because the Defendant was unable to repay debts at the time, and the Defendant did not use it as investment funds even if it received money from the victim.

Nevertheless, on November 17, 2017, the Defendant received KRW 9,980,000 from the victim’s account in the name of the E-bank under the name of the Defendant.

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

3. The criminal defendant against the victim G is in Jung-gu Seoul, Jung-gu, Seoul around April 2017.