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(영문) 광주지방법원 순천지원 2020.05.08 2019고단2285
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around October 2015, the Defendant made a false statement to the victim D, who was aware of the fact that he/she was in the “C,” which was in the vicinity of the B apartment at the time of influence, stating that the Defendant would pay the value of the mobile phone device and the fee for the use of the mobile phone in the name of D. The Defendant would pay the mobile phone device value and the fee for the use of the mobile phone.”

However, at the time, the Defendant was liable to pay approximately KRW 35 million, and approximately KRW 4 million was unpaid, and there was no certain import, and there was no intention or ability to pay the value of the device and the user fee even if the Defendant received the cell phone opening from the victim in the name of the victim.

Around October 14, 2015, the Defendant: (a) by deceiving the victim; (b) opened “G” in the name of the victim from the F agency located in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency on October 17, 2015; (c) opened “J” in the name of the victim on November 4, 2015; (d) opened “M” in the name of the victim at L agency located in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in F agency in the name of the victim; and (e) obtained the same pecuniary gains by having the victim bear the total amount of KRW 803,278,000,000 from the purchase price of the equipment and the charges for its use, as stated in attached Table 1.

2. On November 14, 2016, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the victim due to the absence of present day duty and the need for living expenses, he/she will repay the money later.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim for the same reason as the statement in Paragraph 1.

The Defendant, as such, deceiving the victim and received KRW 350,00 from the victim, namely, in cash, from the victim, and from that time until June 12, 2017.

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