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(영문) 서울북부지방법원 2020.05.07 2019고단3781
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

1. On August 17, 2015, the Defendant made a false statement that “Around August 17, 2015, the Defendant called the victim B by phoneing to the victim B from the French-dong, Gwangjin-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), stating that “A person would have to pay KRW 5 million if he/she lends 5 million to the Plaintiff so that he/she may make it difficult for the Plaintiff to pay off the registration fees of the university.”

However, in fact, the Defendant thought to use the money to repay personal debts from the victim, while there was no other property at the time, the Defendant has to pay approximately KRW 350,500,000 per month interest on the debt of KRW 60,000 per month, and the amount of living expenses, including hospital expenses, exceeds KRW 1,00,000 per month, and even if income is only KRW 1,50,000,000,000 from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant received 5 million won from the victim to the Cbank (D) account in the name of the Defendant on the same day and acquired it by fraud.

2. On November 7, 2016, the Defendant made a false statement that “Around November 7, 2016, the Defendant phoneed to the victim in the Gangwon-gu, Gangwon-do, Gangwon-do, Gangwon-do, and did not find a taxi because he/she was in the possession of an individual taxi as a security by borrowing money for gambling, and did not lose the amount of money. Around November 7, 2016, the Defendant was able to repay the money that he/she has to recover from the taxi, thereby lending KRW 5 million.”

However, in fact, the defendant thought that he would borrow money from the victim and did not have any intention or ability to repay the money borrowed from the victim with his personal taxi finding.

Nevertheless, the Defendant received 5 million won from the victim to the above Cbank account in the name of the Defendant on the same day, and acquired it by fraud.

3. On November 16, 2016, the Defendant, on November 16, 2016, phone called from the victim in the Hanwon Islands, and did not find a taxi of five million won (5 million won).

If 400,000,000 won is more lent, it is possible to find a taxi, set up a right to collateral security on a taxi, and work on a taxi.

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