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(영문) 서울북부지방법원 2018.12.14 2018고단204
사기
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, one million won in cash on April 26, 2017 is acquitted.

Reasons

Punishment of the crime

around March 2017, the Defendant became aware of the Victim E while working at “D” head office located in Gangdong-gu Seoul Metropolitan Government, Seoul.

1. In relation to account transfer, the Defendant had no intent or ability to repay the borrowed amount even if he/she borrowed money from the damaged party due to no particular property or income, such as obtaining a loan equivalent to KRW 15 million from the F lending company around 2016, including KRW 20 million, KRW 13 million,000 from the R&C bank, KRW 13 million from the R&C bank, and expenditure of KRW 80,000,000 from the R&C capital, etc., and there was no intention or ability to repay the borrowed amount, and there was no national bank account with KRW 40,000,000 from the damaged party.

Nevertheless, the defendant, on March 9, 2017, posted a telephone to the victim on March 9, 2017, and lost the wall so that he/she can buy the original body in the same gate, and there is no money.

On March 9, 2017, the Plaintiff received 50,000 won from the injured party to the corporate bank account in the name of the Defendant around March 9, 2017, and received 42 times from June 1, 2017, a total of 17,670,00 won from the borrowed money, such as the copy of the attached crime list (account transfer), from June 1, 2017.

2. Fraud related to cash fraud;

A. On March 31, 2017, the Defendant stated to the effect that “Before H stores located in G in Gwangjin-gu Seoul Special Metropolitan City, the Defendant loaned money to the Defendant that “I would have no money to buy a well-known item in the same gate. I would lend money to the Defendant. I would like to pay money in two times the Kap article.”

However, in fact, the defendant did not have any intent or ability to repay the above, even if he borrowed the above money on the ground of Paragraph 1.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 90,000 to the victim in cash around March 31, 2017.

(b).

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