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(영문) 전주지방법원 군산지원 2019.08.16 2019고단429
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2019 Highest 429" is the relationship between B and B around April 2017, the victim C (n, 23 years of age) was disturbed with the victim from October 20, 2017.

1. On September 7, 2017, the Defendant made a false statement to the victim at the E store located in the Gunsan-si, stating that “The Defendant would pay well the mobile phone price and the cost of using the mobile phone every month in which he/she can use the mobile phone in his/her name by opening the mobile phone in one unit.”

However, in fact, since the defendant was unemployed at the time, and was in bad credit standing due to the lending company's obligations, even if he used the mobile phone in the name of the victim, he did not have the intent or ability to pay the mobile phone price and the mobile phone

As above, the Defendant, by deceiving the victim as above, received one gallon jusia (SM-G95N-128G, F) equivalent to 1,155,000 won in the market value of the victim’s name from the victim, and acquired property profits equivalent to 238,990 won in September 2017 and 96,200 won in total from the victim’s cellular phone using the aforementioned mobile phone.

2. On September 28, 2017, the Defendant made a false statement to the above victim that “it is necessary to purchase BMW car. It is also necessary to receive a loan to lend KRW 15 million. The principal and interest on the loan will be received from his father every month.”

However, in fact, the Defendant was in bad credit standing with the lending company’s debt, etc., and for the purchase of the vehicle, the Defendant had already received a loan of KRW 27 million from his father and had his father pay it in lieu of his father. Therefore, the Defendant did not have any intention or ability to receive the money directly or to receive it from his father.

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