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(영문) 서울북부지방법원 2020.11.27 2020고단604
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On August 14, 2020, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Northern District Court on August 14, 202, and the said judgment became final and conclusive on August 22, 2020.

[Judgment of the court below] Around August 15, 2019, the Defendant stated that “The Defendant would repay the borrowed amount because he/she received benefits on September 2, 2019,” to the victim B using mobile phone Kakaoooooooooooo in French on a false basis.”

However, in fact, the Defendant did not have sexual assault cases, so the agreement was not required from the beginning, and the amount of money borrowed from the victim was about KRW 100 million, and the Defendant intended to use the money as a cost of living or to repay other debts even if he received benefits, so there was no intention or ability to pay the money as agreed to by the victim.

Around August 15, 2019, the Defendant, by deceiving the victim as above, received KRW 1,200,000 from the victim’s account (D) in the name of the Defendant, from the victim, and received KRW 4,900,000,000 in total from the victim on nine occasions, as shown in the attached list of crimes (1).

Accordingly, the defendant was given property by deceiving the victim.

Around September 11, 2019, the Defendant stated that “Around September 11, 2019, the victim E is required to engage in a motor vehicle part-related business and pay money rapidly. If the Defendant borrowed 20,000 won or motor vehicle parts per week, he/she will pay 20,000 won or motor vehicle parts as principal.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money as promised to the victim because he/she had been able to repay other obligations or use it as gambling money at the private soil site.

As above, the Defendant deceivings the victim as above, and up to September 11, 2019, from the victim, 1,000.

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