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(영문) 서울중앙지방법원 2019.01.16 2018고단4172
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 28, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and three years of probation at the Seoul Central District Court, and the said judgment became final and conclusive on July 6, 2018.

【Criminal Facts】

1. Around April 30, 2016, the Defendant entered into a siren agreement with the victim D to pay the victim for the 39-month period, i.e., the 199,500 won per month, respectively, by falsely concluding that the victim C in Gangnam-gu Seoul, “I would leave the inside house to pay the price in full within the 3-month period by leaving the inside house of the director” to the victim D.

However, in fact, the defendant was in a situation where he lent money from F, etc. as business funds and used it as living expenses or entertainment expenses, etc., so the victim did not have an intention or ability to pay the money even if he/she was deprived of the massage.

As such, the Defendant, by deceiving the victim, had the victim bear the above debt, and had the victim acquire financial benefits equivalent to the same amount by establishing the massageist at his own house.

2. Around June 13, 2016, the Defendant acquired a mobile phone fraud means that “A victim would purchase two cellphones with two cellphones and pay the price on his/her face” to the victim at H located in Gangnam-gu Seoul Metropolitan Government G.

However, in fact, the defendant did not have the intention or ability to pay installments even if the victim purchased a mobile phone for the above reasons.

As such, the Defendant, by deceiving the victim, had the victim purchase the gallon language equivalent to KRW 968,00 in an amount of KRW 7 and KRW 198,00 in an amount of KRW 19,00 for 24 months, and received the delivery.

3. On July 12, 2016, the Defendant made a false statement to the victim of the Gangnam-gu Seoul Metropolitan Government I apartment and J that “The Defendant would pay back 10 days after 10 days if he/she borrowed 9 million won as he/she short of deposit to board to K.”

However, the defendant is true.

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