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(영문) 전주지방법원 2020.06.17 2020고단739
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2018, the Defendant made a false statement to the victim C, “The ground is delayed in the construction work, and thus the Corporation did not pay the employee’s benefits,” at a cafeteria located in the Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City. When lending money, the Defendant would pay the employee’s benefits up to February 2018.”

However, at the time, the defendant was not in good economic situation, such as bearing a large amount of 10,00,000 won at financial institutions, and there was no intention or ability to repay even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 2,80,000 from the victim on January 31, 2018, and acquired it by deception.

2. On February 2, 2018, the Defendant made a false statement that “The Defendant borrowed a total of KRW 5,000,000 to 5,000,000 to her own money, if it borrowed money from her own money, to the end of February 2018.”

However, the defendant was not in good economic situation for the reason of Paragraph 1, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 1,200,000 from the victim on February 6, 2018, and acquired KRW 1,000,000 in total, and KRW 2,200,000 in total from the victim on February 12, 2018.

3. On May 31, 2018, the Defendant made a false statement on the part of the victim, stating that “Is who are released from prison and who will be released from prison in the end. Is who will pay the principal expenses of the vehicle after the payment is made later.” The Defendant had the victim pay the principal expenses equivalent to KRW 50,000 from D which is located in the city prior to the same day.”

Since then, around May 31, 2018, the Defendant made a false statement to the victim that “I would like to pay the face value of cash immediately,” and caused the victim to pay the face value of KRW 360,000 from the mutual drinking house of “E” in the front day of the same day and KRW 57,000 from the mutual drinking house of “E” in the front day of the same day.

(b).

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