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(영문) 광주지방법원 순천지원 2020.02.06 2019고단1814
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 2009, the Defendant committed the crime against the victim B concluded that “When the Defendant borrowed the purchase fund of apartment, he would pay the principal one year after paying the interest of KRW 750,000 per month, the Defendant would pay the interest of KRW 750,00 per month.”

However, in fact, the Defendant did not intend to purchase the apartment as above, was thought to use the money borrowed from the victim for the repayment of debt and living expenses incurred in managing the money in excess, and the Defendant did not have the ability or intent to pay the principal at the time to the victim because the debt was accumulated.

After all, the Defendant, as above, by deceiving the victim as above, received money of KRW 30 million from the victim to the Agricultural Cooperative (E) account in the name of D on February 10, 2010, and fraudulently acquired money from the victim.

2. On December 9, 2012, the Defendant, who committed the crime against the Victim F, called “a victim F by phone calls to the victim F at a place where the location cannot be known, and, on the other hand, false means to the effect that “the Defendant would pay the victim F the amount at an rapid time if he/she loans KRW 2 million as he/she was in operation of the skin house.”

However, in fact, the defendant was committed as if he borrowed money from the victim for the purpose of lending money, and even if he borrowed money from the victim, he was able to use it for the repayment of his own living expenses and debt, and did not have the ability or intent to pay the money from the victim.

Ultimately, the Defendant, as seen above, by deceiving the victim, received 2 million won from the victim to the Agricultural Cooperative (G) account in the name of the Defendant on the following day from the victim, and acquired 2 million won from that time to August 1, 2013, and acquired 8 million won in total from August 1, 2013.

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