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(영문) 전주지방법원 군산지원 2019.10.04 2019고단756
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and is a follow-up pilot of the Edridton Association, such as the victim B, C, and D.

1. On October 31, 2017, the criminal defendant against the victim B made a false statement that “If the card payment is overdue, if he/she lends money to the victim, he/she shall pay the overdue interest rate, and then receive the loan from the victim.”

However, the Defendant did not pay the card price.

There was no plan to obtain or obtain a loan, and there was no property or income in the name of the principal, and the money borrowed from the victim was intended to be used for living expenses, etc., so there was no intent or ability to pay the loan properly to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 1,00,000 from the victim to the E account (F) in the name of the Defendant on the same day, from that time, and received KRW 41,629,600 from the victim in total over 46 times until August 2, 2018, respectively, as shown in Attached Table 1, “Crimes List 1.”

10% interest shall be paid with 10% after 10 days.

“Along with the fact, the Defendant did not have property and income under his name, and used money borrowed from the victim for living expenses, etc., the Defendant did not have any intent or ability to pay the borrowed money properly to the victim. Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 2,600,000 from the victim to the account under the name of the Defendant (F) in the name of the same day, and obtained KRW 2,600,000 in total from transfer to the account under the name of G (H) designated by the Defendant on the 13th day of the same month, and acquired KRW 4,60,000 in total from the victim’s money.

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