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(영문) 서울중앙지방법원 2019.10.16 2019고단4239
사기
Text

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

Reasons

Punishment of the crime

1. On November 3, 2017, the defrauded B was delivered KRW 23,00,000 on four occasions from the above date to May 29, 2018, by phone call to the victim B, and “a company would be subject to dismissal or accusation by embezzlement of company funds, and if one million won is loaned, by February 2018, it would be repaid from the victim.”

However, in fact, the defendant was planned to use the money received from the victim as gambling funds, and even if he borrowed money from the victim with a bank account of 100 million won or more due to bad credit standing, he did not have the intent or ability to pay the money.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On November 8, 2017, the Defendant against the victim C received a total of KRW 6,300,000,000 from the victim from the above date and time to December 22 of the same year, as indicated in the [Attachment Table 5-8] No. 8 of the crime sight table, by stating that “a company embezzlement shall be included in the company embezzlement” from the Gangnam-gu Seoul Metropolitan Government Office, and that “a company shall be deposited in the company embezzlement” from the victim C was received from the victim C, and received a total of KRW 4,30,000 from the above date and time.

However, in fact, the defendant was planned to use the money received from the victim as gambling funds, and even if he borrowed money from the victim with a bank account of 100 million won or more due to bad credit standing, he did not have the intent or ability to pay the money.

Accordingly, the defendant was given property to the victim by deceiving the victim.

3. On January 22, 2018, the Defendant against the victim F was granted KRW 3,00,000 from the date and time when the victim F received KRW 3,00,000 from the victim, on the ground that “H store located near Gwanak-gu Seoul Special Metropolitan City G,” and “a deposit is needed to carry out a business installing a mm-mix” to the victim F.

3. Before 20.20, the table of crime sights 9 to 16.

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