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(영문) 춘천지방법원 강릉지원 2019.02.15 2018고단688
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 153,970,000 won to an applicant for compensation.

This order shall be issued.

Reasons

Punishment of the crime

1. On September 2014, the Defendant: “The Defendant, at the lottery room operated by the victim B in Gangseo-si, Gangnam-si, Police Officer B, would purchase lottery tickets on credit to the victim. The Defendant would have 80 million won in cash at the home, so he would make payment at once later.”

However, at the time of fact, the Defendant was in a bad condition, and the Defendant thought that the Defendant would pay the credit amount with the prize in a case where the Defendant was unable to pay the credit amount due to the fact that the Defendant was in a state of not less than 400 million won with no property or income in his/her name, and the Defendant was unable to pay the credit amount due to his/her no plan to pay the credit amount, and even if the Defendant purchased the credit amount on credit, he/she did not have the intent

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received rehabilitation from the victim during the period from September 2014 to September 20, 2015 at the market price of KRW 5.1 million; and (c) received rehabilitation from the victim from the victim, from January 10, 2015, the Defendant received rehabilitation from the victim as indicated in the list of offenses (10 million).

2. On January 29, 2016, the Defendant borrowed construction material payments from the victim B by phone to the victim B, and “On-site construction works are being subcontracted, but the equipment cost is insufficient. If equipment cost is leased, it would be paid immediately as the construction cost is paid.”

However, in fact, the Defendant had no financial capacity of at least KRW 400 million without his/her own property or income, and even if he/she borrowed money from the victim due to the lack of the payment for the construction work, the Defendant did not have the intent or ability to pay the borrowed money normally to the victim, even if he/she did not receive the payment for the construction work.

Nevertheless, the Defendant is above.

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