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(영문) 서울중앙지방법원 2019.10.17 2018고단8431
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On November 2017, the Defendant made a false statement to the victim B by telephone, stating that “The Defendant borrowed five million won from C, and borrowed three million won to be used for the cost of living, and that the Defendant lent KRW 5 million in total, and KRW 8 million in total, to the Defendant: (a) the Defendant lent KRW 5 million to the Defendant; and (b) at the latest, the Defendant would make payment until May 9, 2018.”

However, in fact, the Defendant was unable to repay approximately KRW 60 million and approximately KRW 10 million of personal debt, and thus, was under so-called “competing” to repay the debt with money borrowed from others, and the Defendant requested for lending money several times, but not complying with D’s request, so even if she borrowed money from the victim, there was no intention or ability to repay the money within the agreed period.

Around November 10, 2017, the Defendant received from the victim the cash union located in Gwanak-gu in Seoul Special Metropolitan City E with a cash amount of eight million won as a loan, and acquired it by fraud.

B. On December 2017, the Defendant: (a) concluded that “The Defendant would lend KRW 1 million to the victim in addition to KRW 8 million prior to the borrowing of KRW 8 million on May 9, 2018; and (b) obtained a cash loan from the victim, i.e., the victim, from the seat, and acquired it by deception.”

2. On December 7, 2017, it is recognized that the defrauded’s fraud against the Victim G does not affect the Defendant’s exercise of the right of defense even if the Victim changed from the “I” restaurant located in the Gwanak-gu Seoul Special Metropolitan City H “I” restaurant to the “I” restaurant.

Highly, it made a false representation.

However, in fact, the Defendant was unable to repay approximately KRW 60 million and approximately KRW 10 million of personal debt, and thus, was doing so so to pay off the debt with the money borrowed from others. The Defendant was knife.

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