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(영문) 광주지방법원 2019.06.20 2018고단3185
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. Fraud against the victim B;

A. A. On December 15, 2017, the defrauded, around December 15, 2017, the Defendant told the victim B of the coffee shop located in the Young-gu Gwangju Mine-gu, that “Isn't have five million won to purchase a house by marriage at once. Isn't have 3 million won because Isn't lend 2 million won to B, the Defendant would complete payment up to December 23, 2017.”

However, in fact, the Defendant did not have any special property and did not have any fixed income, while there was a debt equivalent to KRW 13 million, insurance premium and apartment management fee were overdue, and even if the Defendant borrowed money from another person, such as lending money from another person and referring to “losting”, there was no intention or ability to repay by December 23, 2017.

Around December 15, 2017, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the D Association account in the name of his/her father C using the Defendant as the borrowed money and acquired it by fraud.

B. On January 4, 2018, the Defendant made a false statement in the victim’s house located in the Seocho-gu Gwangju Mine-gu, Gwangju, stating that “When the Defendant borrowed money to the Defendant, he/she would have repaid the money until April 4, 2018, the Defendant would have repaid the money to the Defendant.”

However, in fact, the Defendant did not have any special property and did not have any fixed income, while there was a debt equivalent to KRW 17 million, insurance premium and apartment management fee were overdue, and there was no intention or ability to repay money by April 4, 2018, even if he borrowed money from the victim because he planned to pay the Defendant’s existing debt with the money borrowed from the victim.

On January 4, 2018, the Defendant, by deceiving the victim as above, received 19 million won from the victim to the F Association account in the name of the Defendant, and acquired it by fraud.

2. On December 17, 2017, the criminal defendant against the victim G is found to H of Gwangju Northern-gu.

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