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(영문) 제주지방법원 2019.06.19 2018고단623
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months, or for not more than three months, or for not more than four years, as stated in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On May 25, 2017, the Defendant was sentenced to imprisonment with prison labor for ten months, fines of twenty million won, and suspended execution on June 2, 2017 at the Jeju District Court for the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

【Criminal Facts】

"2018 Highest 623"

1. Around May 15, 2017, the Defendant made a false statement to the victim D’s “C” at the main point of “C” located in Jeju-si, stating that “A loaning KRW 2,00,000 per day to the victim D.”

However, at the time, the Defendant did not have any intention or ability to repay the debt of KRW 2-30 million borrowed from the other party in the absence of any particular property or income at the time, even if he borrowed money from the victim, because the Defendant was under the circumstance that he was able to pay the debt of KRW 2-30 million borrowed from the other party.

Accordingly, the defendant deceivings the victim, and received 2,000,000,000 won from the victim to the Agricultural Cooperative Account under the name of the defendant's mother-friendly E in the same day.

2. The Defendant, at the same place around May 27, 2017, received KRW 1,00,000 from the victim to the Agricultural Cooperative Account in the name of the said E on the same day under the pretext of borrowing money, by falsely stating that “I shall repay KRW 1,00,000 to the victim if I lend KRW 1,000,000 to the victim,” even if he/she borrowed money from the victim, there is no intent or ability to repay within the agreed period.

3. On June 13, 2017, the Defendant received KRW 3,00,00,000 from the victim’s account in cash and received KRW 1,00,000 from the victim’s account under the pretext of borrowing money on the same day, on the ground that, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money within the agreed time limit, the Defendant falsely stated that “The Defendant shall lend KRW 7,00,000,000 to the H’s account under the pretext of borrowing money from the victim.”

"2019 Highest 530"

4. The Defendant, around April 2018, operates K entertainment taverns by the Jeju-siJ.

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