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(영문) 창원지방법원 통영지원 2019.07.25 2018고단1433
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 25, 2018, the Defendant was sentenced to imprisonment with prison labor for eight months in the territory of the Changwon District Court for fraud, and the judgment became final and conclusive on September 14, 2018.

【Criminal Facts】

1. Although the Defendant against the victim B was unable to pay the fraternity money normally, the Defendant joined a number of multiple numbers operated by the victim B with a view to receiving the fraternity money early and preventing the fraternity money from returning it.

On January 20, 2016, the Defendant subscribed to the number system of 4 unit units on January 20, 2016, 2016, by making a false statement that he/she would normally pay guidance to the victim B at the instant coffee shop located in the Dong-dong, Dong-dong, Dong-dong.

However, the Defendant had no intention or ability to pay the fraternity normally even if he received the fraternity from the victim, because the Defendant had an excessive debt such as bonds, etc., and was in need of more than KRW 10 million under the pretext of the principal and interest of each month. Since he borrowed money from another person or received the fraternity in advance, etc., the Defendant did not have an intention or ability to pay the fraternity normally.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account under the name of the Defendant on May 30, 2016, and then joined the 10-year number system from around that time to May 22, 2017 as shown in the attached crime list (1), and acquired it by deceiving the victim with a total of KRW 105,00,000 from the victim as a guidance money.

2. Around June 2017, when it was difficult for the Defendant to borrow money from the victim C to borrow money more than KRW 100 million due to the Defendant’s debt borrowed from the victim C, the Defendant had the intent to pretend that D borrowed money on the ground of D, which was friendly between the parties.

The defendant, together with D, operates on June 23, 2017, the victim in Tong Young-si E.

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