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(영문) 제주지방법원 2020.10.23 2020고단1776
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 15, 2018, the Defendant provided a phone call to the victim B (the older than 38 years of age) at an insane area in Bupyeong-gu (Seoul-si) and proposed to provide a number of 26 times starting on March 15, 2018 and ending on April 15, 2020, the Defendant provided that “The time limit shall be 1.2 million won per month and KRW 1.5 million per month until the time the time limit is terminated shall be paid after the time the time limit is extended.” The Defendant provided that the victim changed the back number, and the Defendant provided that “the Defendant may escape the time limit of KRW 4.8 million if he/she subscribed to 18 times at a time,” and that “the Defendant may escape the time limit of KRW 4.8 million per month.”

However, it was difficult to expect that the above serial number system will be paid to six debtors who did not pay the defendant's obligation, and the defendant was organized with four numbers, including 1,000 won, and it was also difficult for the defendant to expect that the above debtor would pay the credit amount normally. The defendant also has the liability of several million won to financial institutions and loan companies at the time, and the defendant's monthly income is insufficient to cope with four numbers, and thus it was difficult to expect that the above serial number system will be maintained normally.

Nevertheless, the Defendant, without notifying the victim of the foregoing fact, by pretending the victim to be organized and operated in a normal manner. The Defendant, as described in No. 1 through No. 13 of the List of Offenses in the Attached Table 1 through No. 13, by deceiving the victim, and the Defendant, from March 15, 2018 to March 15, 2019, received a total of KRW 1.2 million from March 15, 2018 to the Cbank account in the name of the Defendant, by remitting the amount of KRW 15.6 million each month

2. On March 28, 2019, the Defendant lent two million won to the victim B (years 38) using a cell phone message from the insular area around 11:40 to the victim B (years 38).

4.15. The principal shall pay 90,000 won after deducting a limit of 1.2 million won for the victims.

“...”

However, the above number system operated by the defendant is from the beginning.

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