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(영문) 제주지방법원 2020.01.10 2019고단2397
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

1. On July 16, 2018, the Defendant stated to the effect that “The Defendant would repay 2,500,000 won by the end of August, 201 if she borrowed 2,50,000 won to the victim W (the 41 year old) by telephone.”

However, around June 25, 2018, from around September 17, 2018 to around September 17, 2018, the Defendant continued to pay the credit card amount of KRW 64,70,000,000 to the O Union. The Defendant was not able to pay KRW 116,50,000 borrowed from the obligee D, and the Defendant was not able to pay the debt amount of KRW 116,50,000,00, which was the only real estate under the name of the Defendant, at the Jeju-si Building X BuildingY (Purchase of KRW 170,00,000,000) (the maximum debt amount of KRW 99,00,000,000) and even if D on March 12, 2018, the Defendant completed the registration of provisional seizure from the obligee’s spouse’s right to claim for property division of KRW 15,005,00,008.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2,500,000 from the E-bank account (AC) in the name of the Defendant on July 16, 2018, under the pretext of loans around 13:53, 201.

Accordingly, the defendant was given money from the victim by deceiving the victim.

2. On July 19, 2018, the Defendant stated to the effect that “The Defendant would complete payment by the end of August, 2018, even if she borrowed KRW 5,200,00 from the victim’s phone at an infinite place.”

However, since the Defendant was in a very difficult economic situation like the statement in Paragraph 1, even if 5,200,000 won was borrowed from the victim, the Defendant did not have any intention or ability to complete payment.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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