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(영문) 서울중앙지방법원 2019.06.28 2017고단9016
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. On July 2, 2015, the Defendant made a false statement that “Around July 2, 2015, the Defendant would make an investment in the business from which the Damond was imported” to the victim B (n, 70 years of age) at the cafeteria near the Gunn Station located in the Gangnam-gu Seoul Metropolitan City, Gangnam-gu, that “A person would pay KRW 12 million in 24 times per day if the Defendant borrowed KRW 10 million.”

However, in fact, the defendant did not have a certain occupation, and made an investment by lending money from many persons other than the victim to repay his/her debt by the method of return, and even if he/she borrowed money from the victim, he/she did not have any intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and obtained 10 million won from the victim on the same day on the same day.

2. On July 12, 2017, the Defendant, on July 12, 2017, made a false statement to the effect that “The Defendant would pay KRW 12 million to the victim KRW 10 million by dividing the amount of KRW 10 million by 40,000,000,000, which was not prior to the lending of KRW 10,000,000,000,000,000, not prior to the lending of KRW 10,000,000,000,000,000,000,000,000 won, including interest, by dividing by 3,00,000,000 won.”

However, in fact, the defendant did not have a certain occupation, and the defendant thought that he was used mainly to repay obligations to other creditors with money borrowed from the victim, and therefore there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving him from the victim to the Do bank account (E) in the name of the Defendant, obtained a total of KRW 5 million around July 12, 2017, and KRW 10 million around July 25, 2017, including KRW 5 million, from the victim to the Do bank account (E) in the name of the Defendant.

Summary of Evidence

1. Statements made by witnesses B and F in the fifth trial records;

1. Application of Acts and subordinate statutes of the certificate and the receipt, certificate, letter, and deposit certificate;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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