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(영문) 수원지방법원성남지원 2020.09.23 2020고단1807
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"200 Highest 1807"

1. On November 28, 2019, the Defendant: (a) introduced the victim B (n) by means of a smartphone hosting app, “nick,” which arranged to open a child clothes store in the original state; (b) made it possible for the said victim to rapidly access the said victim by introducing the victim himself/herself as “C,” and introducing him/her as one of his/her own offices in Jung-gu Incheon Metropolitan City, E, as one of its own offices.

In fact, the defendant had a legal spouse living together, and there was no fact that the father of the defendant had engaged in trade business. At the time of the crime, the defendant's property status had already been over obligation and had not been attached by financial institutions, and there was no fixed income from the defendant. Thus, despite the victim's no intent or ability to pay the money, the defendant was presumed to have been on the premise of marriage with the victim by concealing his/her legal spouse even though he/she did not have any intent or ability to pay the money from the victim, and on November 30, 2019, he/she received the victim who was only married to his/her parent. The father would receive money necessary for his/her business from his/her father to receive the money of KRW 350 million,000,000,000 from the victim's loan to the victim's total amount of KRW 3,50,000,000,0000 from the victim's loan to the above 10,010,000.

"200 Highest 2293"

2. On May 2018, the Defendant became aware of the Victim F through the “inception” in which a married counterpart is arranged by a smartphone, and then concealed his/her de facto spouse’s spouse.

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