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(영문) 서울서부지방법원 2020.12.10 2020고단2915
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 11, 2014, the Defendant was sentenced to imprisonment with prison labor of ten months at the Seoul Western District Court for fraud, and the judgment became final and conclusive on 15th of the same year.

The defendant was known as the victim B and the neighbor in the past.

1. On April 201, 201, the Defendant concluded that, at the victim’s home located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around April 201, the Defendant would pay money to the Defendant with a congratulations’s money, if the Defendant borrowed KRW 15 million, including the amount of the marriage fund, from the victim’s KRW 5 million.”

However, at the time of fact, there was no scheduled marriage ceremony of Defendant Cho Jong-k at the time, and the Defendant did not have any fixed income and did not have any intent or ability to repay the amount even if the Defendant borrowed money from the victim, with the fact that the Defendant did not have any personal debt worth KRW 280 million.

Nevertheless, on April 13, 201, the Defendant, by deceiving the victim as above, received a total of KRW 15 million from the Defendant’s spouse D’s bank account (number E) via three times on April 13, 201.

2. On September 201, 201, the defrauded stated that “Around September 201, the Defendant would pay money to the victim with his/her money from the victim’s house, such as the statement in the preceding paragraph, “Around the two months if he/she lends money in need of pay, he/she will pay the money with his/her money with his/her money paid after the marriage ceremony.”

However, at the time of fact, there was no scheduled marriage ceremony of Defendant Cho Jong-k at the time, and the Defendant did not have any fixed income and did not have any intent or ability to repay the amount even if the Defendant borrowed money from the victim, with the fact that the Defendant did not have any personal debt worth KRW 280 million.

Nevertheless, on September 6, 2011, the Defendant, by deceiving the victim as above, was delivered KRW 4 million to the national bank account in the name of the Defendant’s spouse D (number E) by the victim.

Accordingly, the defendant is a total of 19 million won from the victim.

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