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(영문) 의정부지방법원 2019.11.21 2019고단2903
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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. Fraud against the victim B;

A. On January 15, 2019, the Defendant stated to the effect that “A victim B shall be paid the sum of KRW 30 million on March 20, 2019,” and that “A victim B shall not be paid any amount of money to be paid to the happiness fund.” The Defendant shall be reimbursed a sum of KRW 7 million if he/she borrowed a sum of KRW 7 million, and three million out of which he/she shall be repaid by January 24, 2019, the date of payment of the card.”

However, the defendant did not have any intention or ability to repay the money even if he/she borrows money and consumes money with gambling funds or living expenses.

On January 18, 2019, the Defendant, by deceiving the victim as above, received KRW 5 million from the E F F F F F F F F F F inside the Defendant’s FF account as the borrowed money from the victim, and acquired KRW 7 million in total after receiving cash KRW 2 million.

B. At around 12:00 on January 22, 2019, the Defendant told the victim B to the effect that “I will pay money in installments for three months on the face of the week, which would be paid in lieu of the value of clothes within the card, because I do not have any internal card.”

However, the victim did not have the intention or ability to pay the amount equivalent to the price even if the victim would pay the price of the clothes instead of the price of the clothes.

As above, the Defendant, by deceiving the victim as above, had the victim settle the amount equivalent to KRW 1,309,100 in lieu of the total amount of the clothing payment in stone, thereby acquiring property profits equivalent to the same amount.

2. Around January 16, 2019, the Defendant against the victim I stated to the effect that, “on the 20th day of March, 2019, the victim I had to go on the family of the Defendant Judio K in Sung-gun, Sungnam-gun, and that, on the 20th day of this month, the amount should be paid to the victim I, and that, on the 20th day of this month, there is a shortage of money and a difference in the amount of five million won, instead of cash, the Defendant would borrow money. In short, instead of cash, the Defendant would recover money again after having paid money to the pawnpo.”

(b).

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