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(영문) 광주지방법원 2020.07.22 2020고단1358
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant sentenced the Gwangju District Court to eight months of imprisonment for violating the Electronic Financial Transactions Act, etc., and completed the execution of the sentence in the Gwangju Prison on April 10, 2015.

The Defendant, by deceiving the victim B as follows, received a total of KRW 48,500,00 from the victim three times in total.

1. Around July 2017, the Defendant made a false statement to the victim B stating that “I will bring about 100 million won of earnings within three months from the date of lending money to 50 million won, while I will bring about 10 billion won of the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her

However, even if the Defendant borrowed money from the victim, he was planned to use the money for gambling and did not have the intent or ability to pay the money to the victim.

As such, the Defendant, by deceiving the victim as such, transferred the sum of KRW 42,50,000,000, including KRW 22,500,000 on August 1, 2017, and KRW 20,000 on August 10, 2017, from the victim’s Dong C.

2. On October 2, 2017, the Defendant made a false statement at the victim’s house located in Gwangju Mine-gu, stating that “I would pay back in lump sum by lending KRW 10,000,000 to the Plaintiff’s house.” On February 2, 2018, the Defendant made a false statement that “I would pay back in lump sum by including the money borrowed at a low time by February 2, 2018.”

However, the defendant did not have any specific plan to proceed with the classical business, and even if he borrowed money from the victim, he did not have any intention or ability to repay it.

On October 3, 2017, the Defendant, by deceiving the victim, received KRW 6,00,000 from the victim to the bank account under the above C’s name.

Summary of Evidence

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