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(영문) 제주지방법원 2020.07.24 2019고단1632
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On October 23, 2018, the Defendant stated that, at the house of the victim C (n, 64 years of age) located in Jeju City, the Defendant would pay the said victim with the money borrowed from another person in order to raise funds to repay the debt to other persons at around 09:40 on October 23, 2018.

However, the Defendant borrowed several million won from others at the time to demand repayment, and there was no other occupation or fixed revenue source. Therefore, even if the Defendant borrowed additional money from the said victim, it did not have the intent or ability to pay it.

Nevertheless, the Defendant deceiving the said victim as above and transferred KRW 2,00,000 from the said victim to the post office account under the name of the Defendant around October 23, 2018, as well as from November 16, 2018, the prosecutor stated “ around November 12, 2018” in the indictment of the case of 2019Da1632. However, according to the statement in the attached Table No. 1, it is obvious that the Defendant is a clerical error in the indictment of the case “ around November 16, 2018”.

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

In the indictment of the case, “9 times” was written in the indictment of the case, i.e., the victim, as stated in the attached list of crimes (i.e., the list of crimes). However, according to the statement in the attached list of crimes (i.e., the list of crimes), it is obvious that “8 times” is a clerical error.

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

The sum total of 56,034,000 won was acquired through fraud.

2. Highest 2019 highest 2189;

A. On April 27, 2018, the Defendant committed a crime against the victim D, Frops operated by the victim D (year 44) in Jeju Island.

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