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(영문) 서울서부지방법원 2020.05.28 2020고단349
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The sum of 96,800 won in cash, seized evidence 32 to 36;

Reasons

Punishment of the crime

On August 23, 2007, the Defendant was sentenced to imprisonment of ten months with prison labor for habitual fraud at the Incheon District Court on April 24, 2009, imprisonment with prison labor for one year and two months for habitual fraud at the Incheon District Court on April 24, 2009, imprisonment with prison labor at the Seoul Central District Court on January 12, 2012, eight months for fraud at the Seoul Western District Court on April 8, 2016, and two years for fraud at the Seoul Western District Court on April 8, 2016. On July 4, 2018, the Defendant was sentenced to eight months for imprisonment with prison labor at the Seoul Central District Court on January 5, 2019.

around 19:00 on May 7, 2019, the Defendant made a false statement to the Victim J stating, “Around May 19, 2019, a digital media entertainment station located in Eunpyeong-gu Seoul as a search, that there was no money on the part of the victim J by losing his/her passport and wallet in a foreign country. There is no money for the use of the passport and wallet. There is a need for transportation expenses to go to the house, and the sum of interest is to be repaid.”

However, in fact, the Defendant had no special occupation or property and had the intent to use the money received from the victimJ for the cost of living. Therefore, even if the Defendant borrowed money from the victimJ, the Defendant did not have the intent or ability to repay

Nevertheless, as seen above, the Defendant, as well as the Defendant, by deceiving the Victim J and received 50,000 won in cash from the Victim J, from that time until January 18, 2020, received a total of KRW 3,340,000,000 from that time, in total, 23 times as shown in the annexed Table of Crimes.

Around 21:50 on December 11, 2019, the Defendant made a false statement to the victim C, stating that “AB is a bridge and there is no flight period value on the part of having to return home,” at the entrance of “a passage for transfer of the upper sloping Line located in the middle-gu Seoul Metropolitan Government, Jung-gu, Seoul.”

However, the Defendant had no special occupation or property and had the intent to use the money received from the victim for the cost of living. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay it

Nevertheless, it is not possible.

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