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(영문) 제주지방법원 2016.09.07 2015고단1499
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around February 6, 2015, the Defendant: (a) stated that, around 15:00 on February 6, 2015, the Defendant provided that, “A victim D, who was in Seopopopo-si, Seopo-si, Seopo-si, Seopo-si, would be paid to the Defendant within one week if he/she was immediately in need of house taxes; and (b) would be repaid to the Plaintiff within three million won, if he/she was leased to a

However, at the time, the defendant was thought to be used as debt repayment or cost of living even if he/she borrowed money from the victim because he/she bears approximately KRW 100,000 or more, and there was no ability or intention to repay within the promised period

The Defendant, by deceiving the victim as above, received 3 million won from the victim on the same day and acquired it by fraud.

2. On February 16, 2015, the Defendant stated that “Around February 16, 2015, at the place indicated in paragraph (1) of this Article, the Defendant would have repaid the amount of KRW 2.8 million prior to lending KRW 10 million to the said victim, where he/she works as a safety management personnel at a construction site in the modern department, at a level of KRW 2.8 million per month.”

However, at the time, the defendant did not work at the construction site of the modern department, and even if he borrowed money from the victim, he did not have the ability or intent to repay within the agreed period, as stated in paragraph (1).

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim on the same day and acquired it by fraud.

3. On February 23, 2015, the Defendant stated that “Around February 23, 2015, at the place specified in paragraph (1) of this Article, the Defendant would have repaid to the victim within a week if he/she borrowed KRW 3 million as he/she was urgently required to pay the monthly wage to the victim.”

However, as set forth in Paragraph 1, the Defendant did not have any ability or intent to repay within the period in which it was promised even if he/she borrowed money from the victim because the Defendant bears at least KRW 100 million obligations.

As above, the Defendant deceivings the victim, thereby KRW 3 million from the victim on the same day.

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