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(영문) 전주지방법원 2020.06.24 2019고단1744
사기
Text

A defendant shall be punished by imprisonment for six 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

[2019 Highest 1744]

1. On April 16, 2015, the defrauded B, from March 12, 2015 to June 25, 2015, was the owner of the number system causing 16 members, 20750,000 won, and the Defendant was the owner of the number system from March 12, 2015 to June 25, 2015, and the Defendant was the owner of the number system from March 12, 2015 to receive the amount of the fraternity.

However, at the time, the defendant was in a bad credit position with multiple debts, and even if he did not receive any fixed income, certain occupation, or property, there was no intention or ability to pay the last installment to the victim.

Nevertheless, the Defendant, upon receiving the fraternity money, by deceiving the Defendant as if he would pay the fraternity money at the time, and by receiving 2,0750,000 won from the victim on April 16, 2015.

2. On May 7, 2015, the defrauded B, from April 16, 2015 to July 30, 2015, the defrauded B, 16, and 2,0250,00 won of the guidance, and the Defendant, on April 16, 2015, entered the said number system and received the guidance money.

However, at the time, the defendant did not have the intent or ability to pay the deposit to the victim up to the last day even if he received the deposit due to a large amount of credit, and even if he did not have any fixed income or property.

Nevertheless, the Defendant, upon receiving the fraternity money, by deceiving the Defendant as if he would pay the fraternity money at the time, and by receiving 20,250,000 won from the victim on May 7, 2015.

[200 high group89] On September 2, 2015, the Defendant made a false statement to the effect that “In the E office of the victim’s D management in the Seoul Gangnam-gu Seoul Metropolitan Government C&C headquarters, the Defendant would attract investment if the victim gives money to him/her.”

However, even if the defendant received the investment recommendation fee from the victim, the defendant only thought that he will use it to pay his personal debt, and did not have the intention or ability to attract investment.

Nevertheless, the account number of the FF bank account in the name of the defendant is the same day from the victim by deceiving the victim as such.

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