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(영문) 서울서부지방법원 2019.01.09 2018고단1633
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2018 Highest 1633"

1. On September 23, 2015, the Defendant: (a) stated that “The Defendant would receive installment savings of KRW 60,000,000,000 from the victim himself/herself and his/her deceased in a mutually unsound restaurant that is linked to Jeju Island,” and that “on December 2015, the Defendant would receive installment savings of KRW 60,000,000.”

However, the Defendant was thought to use the money as repayment funds or gambling funds for the existing debt, not for the business of traveling money borrowed from the victim. On December 2015, 2015, the Defendant did not have to subscribe to installment savings at maturity and did not have any intent or ability to repay the money due to the absence of any particular property.

As such, on September 24, 2015, the Defendant, by deceiving the victim as such, received KRW 12,00,000 from a bank account (E) under the name of the Defendant on the pretext of borrowing money from the victim, from that time, and received KRW 142,740,00 in total from that time to February 6, 2017, as shown in attached Table 1, from that time, the Defendant received KRW 142,740,00 in total from the victim under the same name as indicated in attached Table 1.

2. On February 28, 2017, the Defendant: (a) contacted the victim with G hotel G in Jeju on February 28, 2017, saying, “If the Defendant borrowed only KRW 1,500,000,000, it shall be repaid to KRW 1,80,000, including interest, up to two new walls following the following day.”

However, in fact, the defendant thought that he would use the money borrowed from the victim as repayment funds or gambling funds for the existing debt, and there was no specific property, and there was no intention and ability to repay the money.

On February 28, 2017, the Defendant, by deceiving the victim as such, received 1,500,000 won from the Hbank account (I) in the name of the Defendant on the pretext of borrowing money from the victim.

3. Crimes against the Council of Victims;

A. On August 2, 2017, the Defendant contacted the victim on a closed-end Seoul Central District (hereinafter referred to as the Seoul Central District Office) and opened a computer traffic card if the payment is made in advance.

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