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(영문) 서울동부지방법원 2019.05.29 2019고단308
사기등
Text

1. Defendant A’s imprisonment shall be imposed in eight months, and the enforcement shall be suspended for a period of one year from the date the judgment becomes final and conclusive.

a fine of ten million won.

Reasons

Criminal facts

Defendant

On July 21, 2017, A was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for anless teacher, and finally decided on July 29, 2017.

Defendant

B On August 30, 2017, the Seoul Central District Court sentenced two years of suspended sentence to six months of imprisonment for habitual gambling at the Seoul Central District Court, and became final and conclusive on June 28, 2018.

1. Defendant A and B expressed a false statement of bank transaction, as if Defendant A received KRW 300 million from the customer, to the Republic of Korea (hereinafter “Defendant A”) and was willing to borrow money from the victim to the Philippines.

around September 22, 2016, the Defendants displayed a statement of bank transaction in which the transaction partner D deposits KRW 300 million to Defendant A with a mobile phone in the coffee-dong, Gangnam-gu, Seoul, and Defendant B told the victim to the effect that “I would return KRW 300 million to the account in the name of Party E even if I want to do so, if I want to do so with gambling, I would return even if I would have lost money,” and Defendant B told the victim to the effect that “I would know whether the contents of bank transaction are certain and that I would lend money to Party E.”

However, as seen above, since the defendants made a false statement by using a photographic editing program to borrow money from the victim, the defendant A did not have received KRW 300 million from the customer, and since the defendant A's debt was about KRW 1 billion at the time, the defendants did not have any intent or ability to repay even if they borrowed money from the victim.

around September 23, 2016, Defendants were issued from the victim the casino chips amounting to KRW 300 million in total at the market price in the Philippines “F.”

As a result, the defendants acquired the victim's property jointly.

2. Defendant A’s gambling Defendant B’s gambling around September 8, 2016, together with Defendant A.

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