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(영문) 광주지방법원 2019.05.10 2019고단230
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On September 5, 2018, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement at the Gwangju District Court on September 5, 2018, and the judgment became final and conclusive on October 19 of the same year.

【Criminal Facts】

1. On July 17, 2015, the Defendant told the victim C to the effect that “Around July 17, 2015, the Defendant would pay dividends to the third floor office of the building located in Gwangju Northern-gu, Seoul, 1.20,000 won of the money to be distributed to the victim because he would hold a high rate of winning, and the Defendant would change the amount to KRW 1.5 million for the purpose of introducing the said money to the person who introduced it.”

However, in fact, the defendant did not use the money received from the victim for the purpose of training and introduction, and was planned to use his computer sirens and sports gambling, etc., and he did not have the intent or ability to pay dividends or earnings to the victim for the purpose of shooting, and there was no specific property or income from the bad credit holder at the time, so there was no intention or ability to return 270,000 won to the victim.

Nevertheless, on July 20, 2015, the Defendant, by deceiving the victim as above, received 2720,000 won from the victim to the D Association account under the name of the Defendant and acquired it by deceiving the victim.

2. Around August 10, 2015, the Defendant involved in the investment in the camping-gu gambling program told the said victim C to the effect that the said victim C would have invested KRW 10,000,000,000,000,000,000,000,000,000,000,000 won, in a mutually inconsistent restaurant located in the Yongsan-gu, Gwangju Metropolitan City.

However, in fact, the defendant was planned to use the money received from the victim for the production of the camping-gu automatic shooting program without using it for his/her debt repayment and living expenses, and the defendant was actually creating the camping-gu automatic hosting program and did not have the intent or ability to pay the profit to the victim.

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