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(영문) 제주지방법원 2020.04.24 2019고단2126
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

On October 2, 2019, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months by the Jeju District Court for the violation of the Road Traffic Act (unlicensed Driving), and the judgment became final and conclusive on October 11, 2019.

Facts of crime

1. On September 30, 2013, the Defendant made a false statement to the victim B via telephone at an insular place around September 30, 2013, stating that “The Defendant made and sent 2.5 million won as soon as possible after sending them,” through phone to the victim B.

However, in fact, even if the Defendant received KRW 2.5 million from the victim, he thought that he would use it for personal purposes, such as rent, etc., and thus there was no intention to produce a pair of parties, and the Defendant did not have any intent or ability to pay the above money to the victim because he exceeded his obligation, such as paying rent or failure at the time.

As above, the Defendant, by deceiving the victim as above, acquired KRW 2 million on the day from the victim, and KRW 50,000 on October 21 of the same year from the victim to the Agricultural Cooperative Account (Account Number:C) in the name of the defendant.

2. On April 15, 2016, the Defendant concluded on April 15, 2016, that “The Defendant would produce and send both of them at once if he/she additionally sent KRW 2 million to the victim B via telephone at an influence place.”

However, in fact, even if the Defendant received KRW 2 million from the victim, he thought that it will be used for personal purposes, such as living expenses, etc., so there was no intention to produce an additional return from the victim. The Defendant did not have any intention or ability to pay the above money to the victim because he was in excess of his obligation due to the circumstances such as the provision of Paragraph 1

As above, the Defendant, by deceiving the victim, acquired KRW 2 million on the day from the victim to the Agricultural Cooperative Account (Account Number:C) in the name of the Defendant.

3. On July 17, 2018, the Defendant’s fraud is a non-permanent place on July 17, 2018.

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