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(영문) 광주지방법원 2020.10.29 2020고단234
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[200 Highest 234]

1. On August 15, 2014, the Defendant, who acquired the registration money, concluded that “The Defendant would immediately repay the money to the victim B by phoneing the victim B to pay his/her registration money.”

However, the defendant did not have any fixed income at the time and did not have any other property, and there was no intention or ability to repay the loan even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, transferred KRW 2 million to a new bank account (D) in the name of C around August 15, 2014 from the victim, and received KRW 1.5 million from the same account around the 19th day of the same month.

2. 생활비 명목 편취 피고인은 2014. 9.경 불상지에서 피해자 B에게 전화하여 “생활비가 필요하다, 추가로 돈을 빌려주면 한 번에 돈을 갚겠다, 전남 장흥에 땅이 있는데, 그 땅이 곧 팔린다. 그러면 돈을 갚을 수 있다”고 말하고, 성명불상의 E씨로 하여금 피해자에게 전화를 걸어 “내가 장흥 땅을 샀으니 A에게 돈을 빌려줘도 된다”라는 취지로 거짓말을 하게 하였다.

However, the Defendant did not have any connection with the above land and did not have any other property, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the money.

The Defendant, by deceiving the victim as above, received KRW 500,000 from the victim to the above C’s account on the 17th day of the same month, and received KRW 7,450,000 in total from around that time to July 9, 2015, such as the statement in the list of crimes in attached Form 19 times.

[2020 Godan3796] On October 3, 2016, the Defendant sold an apartment to the victim H by telephone from the Defendant’s home located in the F apartment G in the Seo-gu, Seo-gu, Gwangju around October 3, 2016.

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