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(영문) 서울북부지방법원 2020.04.07 2019고단5671
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on July 12, 2019 and the judgment became final and conclusive on July 12, 2019.

【Criminal Facts】

1. On September 2014, the Defendant against the victim B told the victim B to “D” at the clothing sales store of “D” located in Gyeonggi City, Gyeonggi City, that “I, if you lend money from E to you, I would be able to perform funeral services with the money and pay back within three months.”

However, the Defendant borrowed money without any special revenue at the time to repay other debts, and the Defendant was willing to use the money borrowed from the victim to repay other debts, so even if she borrowed money from the victim, there was no intention or ability to pay the victim within the agreed due date for payment.

The Defendant, as such, made a false statement to the victim and received KRW 3 million from the victim on or around September 2014 as the borrowed money.

2. On November 21, 2014, the Defendant: (a) at a bath where it is impossible to know the trade name in the Gandong-dong at the time of the Gyeonggi-si, the Defendant: (b) stated, “If the Defendant purchased the goods, he/she shall give three (3) interest to the victim F; and (3) the principal shall be repaid six (6) months thereafter.”

However, the Defendant borrowed money without any special revenue at the time to repay other debts, and the Defendant was willing to use the money borrowed from the victim to repay other debts, so even if she borrowed money from the victim, there was no intention or ability to pay the victim within the agreed due date for payment.

The Defendant, as such, makes a false statement to the victim and belongs to the victim G around November 21, 2014.

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