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(영문) 광주지방법원 2019.08.22 2019고단1457
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around January 11, 2017, the Defendant acquired the borrowed money by fraud to the effect that “The victim C shall pay 220,000 won in lieu of the Handbbag value” at the Defendant’s residence located in Nam-gu, Nam-gu, Gwangju. As the applicant for the loan applied, he/she will have to repay the loan if the loan is loan out.”

However, the defendant did not have any special income at the time and did not have any credit standing for receiving a loan, and therefore did not have any intent or ability to repay the loan from the victim.

The Defendant, as such, was issued KRW 15,160,00 in total over 22 times from November 14, 2017, including by deceiving the victim and receiving KRW 220,00 from the victim.

2. Around February 28, 2017, the Defendant acquired mobile phone charges by fraud to the effect that “A victim C was unable to pay or suspend a mobile phone fee that he/she uses. It is possible to receive a loan only when he/she comes to a telephone by setting up an application for a loan, but it is possible to receive a loan by opening a mobile phone in the name of aner.”

However, the defendant did not have any special income, and even if he opened a mobile phone under the victim's name because he did not have any credit standing to receive a loan, he did not have any intention or ability to pay the loan.

As such, the Defendant, by deceiving the victim, received one cell phone in the name of the victim from the victim, and did not pay KRW 2,481,030 from February 2, 2017 to February 2, 2018, thereby obtaining financial benefits equivalent to the same amount, and did not pay KRW 4,976,030 in total, as shown in the attached Table 2, and did not receive three cell phoness in the name of the victim, and did not pay KRW 4,976,030.

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