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(영문) 제주지방법원 2020.09.10 2020고단1681
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. On January 16, 2019, the Defendant: “Around January 16, 2019, the Defendant concluded that “A bitco account will be repaid within a week from the 5 million loan loan account to another place by combining B apartment units C” to the victim D.

However, the defendant was planned to use the funds borrowed from the victim as a sports earth and entertainment fund and a personal debt repayment fund, and there was no special revenue at the time when the defendant bears a large amount of debt, so even if the funds were borrowed from the victim, there was no intention or ability to repay the above funds within the payment period.

The Defendant, by deceiving the victim as above, received five million won from the victim’s E-Union account (Account Number:F) in the name of the Defendant on the same day.

2. On March 21, 2019, the Defendant, on March 21, 2019, stated that “Around March 21, 2019, the Defendant borrowed money from the said victim to the said victim through Kakakaox to lend an additional loan of KRW 5 million,00,000,000, as he/she requires electricity.” On June 9, 2019, the Defendant borrowed money from the said victim until September 2019, as he/she entered a large design building in Myanmar.”

However, the defendant was planned to use the money borrowed from the victim as the sports earth and entertainment fund and personal debt repayment fund, and there was no special revenue at the time of bearing a large amount of debt, and even if the above design was not finalized, there was no intention or ability to repay the above loan within the above period of payment.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s account in the name of the Defendant to the above E-Union account in the name of the Defendant.

3. On May 15, 2019, the Defendant filed a complaint by phone at an infinite place on May 15, 2019, without prejudice to damage recovery by preventing the damage of a person who invested in Bitcoin by his/her solicitation.

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