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(영문) 창원지방법원 2020.11.03 2020고단1796
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant is 7,660,00 won and 24,260,000 won to B who is an applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On March 7, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Changwon District Court Msan Branch, and completed the execution of the sentence in the port prison on November 27, 2019.

[200 Highest 1796]

1. On December 16, 2019, the Defendant made a false statement to the victim D, who was aware of his/her reputation, to the effect that “A car accident is insufficient to find out 1.2 million won in the card that he/she lost the bank in order to issue the agreement, and to lend 400,000 won to the victim D.”

However, in fact, the Defendant did not have any traffic accident and did not have any particular income or property, and the money received from the victim was planned to use it as entertainment expenses and living expenses, and thus there was no intention or ability to pay it even if it was borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 400,000 from the victim to the E bank account (F) in the name of the Defendant on the same day as the loan money, and received KRW 3,230,000 in total eight times from that time to January 3, 2020, as shown in attached Table 1.

2. On April 9, 2020, the Defendant committed the crime against the victim G made a false statement to the effect that “a bank shall be lost or damaged,” as Kakaox, to the victim G, which was known through “1km of smartphone hosting cam” at a closed place.

However, in fact, the Defendant did not have any other income or property, and the money received from the victim was planned to use the money for entertainment expenses and living expenses, so there was no intention or ability to pay the money even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and then 300,000 won from the E bank account (F) in the name of the defendant on the same day from the victim.

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