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(영문) 대전지방법원 홍성지원 2019.01.23 2018고단531
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. Fraud against the victim B;

A. On October 26, 2013, the Defendant made a false statement that “A credit card payment is required to be made. If a credit card payment is made in KRW 7 million, the Defendant would pay the credit card payment to the victim B and would pay it after three months.”

However, at that time, the Defendant was operating the Felel E located in Hong-gun, Hongsung-gun; however, the Defendant did not have any intent or ability to repay the debt within a given period, even if the Defendant borrowed money from the victim, because it was a situation in which the enemy was unable to properly operate the telecom because of the occurrence of the loss, thereby preventing him from returning the debt with credit card cash services, capital loans,

Nevertheless, the defendant deceivings the victim as such and obtained 7 million won in cash from the victim, thereby deceiving the victim.

B. On November 19, 2015, the Defendant concluded that “Around November 19, 2015, the Defendant used the Furel with low interest to another person, with a preferential loan of KRW 5 million, with a preferential repayment of KRW 3,000,000.”

However, the Defendant continued to return the obligation as described in the above paragraph (a), and even if he borrowed money from the victim, he did not have the intent or ability to repay it within the time limit.

Nevertheless, the defendant deceivings the victim as such and acquired 5 million won in cash from the victim.

C. On May 30, 2016, the Defendant made a false statement that “If the Defendant borrowed KRW 3 million as the electricity fee, etc. for inn is required, 3 million interest will be paid and three months will be paid.”

However, the Defendant continued to return the obligation as described in the above paragraph (a), and even if he borrowed money from the victim, he did not have the intent or ability to repay it within the time limit.

Nevertheless, the defendant is the victim.

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