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(영문) 서울중앙지방법원 2019.11.26 2018고단4111
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 2015, the criminal defendant against the victim B made a false statement to the effect that “I will lend IB money to IB, I would have to pay IB money within one month.”

However, at the time, the father of the defendant was not guilty, and the defendant was willing to use to borrow money from the victim or to repay the money he borrowed from the victim with gambling, and even if he borrowed money from the victim without any particular property, there was no intention or ability to repay the money.

The Defendant received 3 million won in cash from the victim, i.e., the money borrowed from the seat.

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

2. Around February 2015, the criminal defendant against the victim C made a false statement to the effect that “E” located in Gangnam-gu Seoul Metropolitan Government D means that “A victim C has no money at the present time when he/she deprived of wait management position, and if he/she lends money, he/she will return and complete payment within three months.”

However, at the time of fact, the defendant was only able to use the money borrowed or borrowed from the victim in gambling, and there was no specific property and no plan to reinstate the money. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay the money.

The Defendant received KRW 4 million from the victim as the borrowed money and received KRW 8 million in total on two occasions from around that time to April 2015, as shown in attached Table 1, as well as from around that time.

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

3. Around July 12, 2016, the criminal defendant against the victim F made a false statement to the effect that “the victim F will introduce a business team to the victim F” in Gangnam-gu Seoul Metropolitan Government D.

However, the defendant did not think that he would introduce the business team to the victim.

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