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(영문) 제주지방법원 2020.12.18 2020고단1408
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around November 24, 2018, KRW 20 million, the Defendant made a false statement to the effect that “The Victim D shall be repaid within one week, if he/she loans KRW 20 million to the victim D, he/she shall be reimbursed within the limit of one week.” The Defendant made a false statement to the effect that “When he/she loans KRW 20 million, he/she shall be repaid only during the loan period.”

However, in fact, even if the defendant's debt owed by gambling reaches the amount of two billion won, and if the defendant's husband and the defendant's children operating a hotel do not pay the defendant's debt and take money from the victim because they do not pay the defendant's debt, they did not have any specific income due to the situation in which the defendant's husband and the defendant's children operating a camera do not pay the defendant's debt, they did not have an intention or ability to pay it within one week as agreed.

The Defendant received KRW 4 million in cash from the victim on the same day, and deposited KRW 6 million in the husband E account used by the Defendant on the same day, and deposited KRW 10 million in the above account on November 25, 2018, and acquired KRW 20 million in total.

2. Around December 10, 2018, the Defendant: (a) made a false statement to the effect that, at the home office located in Jeju-si F, he/she would have poscamed; (b) provided a telephone call to the victim D; and (c) provided a false statement to the effect that “I would have to pay back with the money borrowed prior to the lending of additional money.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money according to the promise.

The defendant received 7 million won in cash from the victim in the same place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, details of transactions, content certification, and list of transactions by account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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