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(영문) 제주지방법원 2020.05.15 2019고단2478
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

On July 2016, the Defendant became aware of the victims C who engage in credit business without being registered through B, which was worked at the same starting point of the first week in the entertainment business.

In fact, from around August 2015, the Defendant: (a) from around 2015, was using the bonds from the bond company and was not under any circumstances of full payment; (b) was able to pay the borrowed money to another bond company; (c) there was little income but there was no intention or ability to pay the borrowed money from the victim; (d) the Defendant was aware of the fact that the Defendant was making another bond from the other bond company in order to borrow money from the other bond company; and (e) was aware of the fact that the Defendant was taking advantage of the money from the victim during the period of August 2016, 2016 that “the details of the bonds borrowed from the other bond company so that the victim would be informed of the details of the bonds borrowed from the other bond company; and (e) notified the victim of the fact that the victim would not lend money to the other bond company.”

On July 18, 2016, the Defendant made a false statement to the effect that “The Defendant would pay KRW 3,600,000 to the victim C through F, and the Defendant would pay KRW 3,000,000 to each 3th month for every 20 months, if he/she loans KRW 3,000,000,000 to the victim, such as cost of living, etc. at home.”

However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim due to such circumstances.

The Defendant received 2.85 million won, excluding the interest on the same day from the victim.

In addition, from around that time to September 20, 2016, the Defendant deceivings the victim by the aforementioned method, as shown in the attached crime list, and obtained 3,5650,000 won from the victim at least eight times, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The details of the complaint, transfer, and complaint;

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