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(영문) 광주지방법원 2020.05.22 2019고단5592
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On November 2017, the Defendant made a phone call to the victim B at a place where it is impossible to identify the end of the end of the month, and told the victim B to the effect that the Defendant would bring about no more than 10,000 foot 21 foot 10,000 won per month, such as the 50,000 foot 21 foot 10,000 won.

However, in fact, the Defendant had a debt equivalent to KRW 100 million at the time, and operated a system by the method of preventing the payment of the fraternity and the amount of the fraternity in order to keep them back as the owners of fraternitys, and thus, even if the Defendant received the deposit from the victims, it was thought that it would be used for the payment of the existing debt or the payment of the fraternitys that cannot be used or postponed, and there was no intention or ability to pay the fraternitys as promised to the victim.

As above, the Defendant, by deceiving the victim, received KRW 9 million in total from the victim’s account in the name of the Defendant from December 25, 2017 to August 22, 2018, or KRW 1 million in cash each month, and around September 22, 2018, received delivery of KRW 500,000 from the said post office account to the said post office account.

2. On December 2017, the Defendant: (a) at a restaurant in which it is impossible to know the trade names in Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, would make the victim D to the effect that the victim D would be 16 and 19,000 won per month, i.e., the 50,000 won per month.

However, the defendant did not have an intention or ability to pay the money as agreed to by the victim as stated in the above paragraph (1).

As above, the Defendant, by deceiving the victim, received KRW 12 million in total from the victim’s account in the name of the Defendant from December 25, 2017 to November 25, 2018, either the post office account (C) in the name of the Defendant or the cash deposit amount of KRW 12 million each month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes, such as account transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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