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(영문) 수원지방법원 2019.09.03 2019고단3348
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On April 26, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court. On August 14, 2014, the Seoul Southern Prison was released on August 14, 2014 during the execution of the sentence, and the parole period passed on December 27, 2014. On April 18, 2019, the Suwon District Court sentenced the Defendant of one year and four months of imprisonment for fraud, etc., and the said judgment became final and conclusive on June 29, 2019.

【Criminal Facts】

1. On April 3, 2015, the Defendant committed the crime of April 3, 2015, at the “C” office located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant made a false statement to the victim D that “I would have a lot of difficulties in purchasing a e-mail vehicle. I would like to refund a e-mail vehicle without a mold if I lend money necessary for purchasing a vehicle.”

However, the defendant was only a plan to use money for the Internet gambling from the victim, and there was no idea to purchase the AD car, and there was no intention or ability to repay the money even if the defendant borrowed money from the victim due to no special property or income at the time.

The Defendant, by deceiving the victim as above, received 16,900,000 won from the victim as a deposit account in the name of the Defendant for a national bank account in the name of the Defendant.

2. On April 29, 2015, the Defendant committed the crime of April 29, 2015, phone called to the victim at a place nomenclature on April 29, 2015, and made a false statement to the effect that “E calls have been made at the same time.” On the face of lending money, the Defendant would pay back the money borrowed from the Abrid passenger car purchased at the same time.”

However, in fact, the Defendant only planned to use money for the Internet gambling from the victim, and did not have any idea to purchase a AD car, and did not have any contact with E. There was no special property or income at the time, and there was no intention or ability to repay the money even if he borrowed money from the victim due to no special property or income at that time.

As above, the defendant deceivings the victim, and is therefore subject to the loan from the victim, 36,00.

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