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(영문) 서울중앙지방법원 2020.06.11 2019고단6530
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 18, 2017, the Defendant made a false statement that “Around January 18, 2017, the Defendant would pay KRW 1,50,000 to the victim B with interest on the loan of KRW 1,000,000,000,000, which is necessary to pay.”

However, at the time, the defendant did not have any particular property or income and did not use the money for personal purposes such as living expenses, etc., and there was no intention or ability to repay the money to the victim.

Nevertheless, on January 18, 2017, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the corporate bank account (D) in the name of C around January 18, 2017, and acquired it by taking over total of KRW 1,850,000 from the above date to November 24, 2017, as shown in the attached crime list (1).

2. Around 21:00 on December 8, 2017, the Defendant, who is the title of the project cost for the booming of black money, sent the victim the “blus photo with a 100 cubic seal affixed on the drug treatment (in the form where the bluc seal is stored inside the blus),” which is stored in his/her smartphone at the coffee shop located in Ulsan-gu, Ulsan-gu, Seoul, stating that “The blus are stored in the blus,” and “The blus are in the Republic of Korea,” which reads that the Defendant would be 100 foot blus that can be used if the blusc seal is affixed on the blusc book. It would give more profits than the principal by exchanging this.”

However, at the time, the defendant did not carry on the business of fluoring black money and thought that he would use it for personal purposes, such as living expenses, and there was no intention or ability to pay proceeds to the victim.

Nevertheless, the defendant deceivings the victim as above and receives three million won from the victim to the post bank account (F) in the name of the defendant.

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