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(영문) 춘천지방법원 영월지원 2020.01.21 2019고단487
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On April 2018, the Defendant made a false statement to the effect that he would normally pay the fraternity to the victim who wishes to subscribe to the fraternity operated by the victim B (16 members of the fraternity and 20 million won) at an influent place.

However, in fact, the Defendant did not have any particular income at the time, and all of them borrowed money from those who used money for gambling purposes, etc., and was thought to use the money for gambling purposes, and therefore there was no intention or ability to pay the money normally until the fraternity is terminated even if the money was paid from the victim.

Around May 10, 2018, the Defendant, by deceiving the victim as such, obtained 20 million won from the victim to the Agricultural Cooperative Account (Account Number: C) in the name of the Defendant, and acquired by deceiving the victim.

2. Fraud of a loan;

A. On May 11, 2018, the Defendant committed the crime against the victim B made false statements to the victim that “A victim shall not have money to help and assist his/her wife to sell his/her vehicle in the principal place of the vehicle. If the Defendant borrowed money, he/she would have to repay the money without fail.”

However, in fact, the Defendant did not have any particular income at the time, and all of the loans from the non-victims were used for gambling funds, etc., and there was no intention or ability to repay the borrowed money as agreed, since the Defendant was thought to use the borrowed money from the victim as gambling funds.

As such, the Defendant, by deceiving the victim, received KRW 201,90,000 from the victim to the Agricultural Cooperative Account (Account Number: C) in the name of the Defendant on the same day, and received KRW 201,90,000 from the victim as stated in the attached Table Nos. 1 through 13.

B. The Defendant committed a crime against the victim D on March 19, 2018.

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