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(영문) 의정부지방법원 2019.11.28 2019고단2290
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 8,00,000 won to an applicant for compensation, which is caused by fraud.

Reasons

Punishment of the crime

The Defendant was aware of the Victim B, a water skiing customer around October 2017 while working as an instructor from “F” in Namyang-si, Gyeonggi-do, as an instructor, and was related to the victim B from November 201 to August 2018 of the same year.

1. On December 17, 2017, the Defendant made a false statement to the victim “H”, the Defendant, the Defendant, the Defendant of Echeon-si G, Gyeonggi-do business entity of Echeon-si, that “I will lend KRW 30 million due to the shortage of expenses for surgery for transplantation between fish money to the victim until May 2018.”

However, since the mother was not expected to perform a transplant surgery, even if her mother borrowed money from the victim as expenses for transplant surgery, her mother was expected to use such money as repayment of existing debts and living expenses. From 2009, her mother was unable to repay the money properly, and there was no intention or ability to repay the money borrowed from the victim within the time limit that was promised with bad credit standing.

around December 20, 2017, the Defendant was transferred from the victim the amount of KRW 30 million to the J Union account (K) in the name of the mother of the Defendant, the mother of the Defendant.

2. On January 22, 2018, the Defendant concluded that “Around January 22, 2018, the victim made a false statement to the effect that “The Defendant, at the place specified in the foregoing paragraph 1, erroneously performed surgery due to the misunderstanding of organ transplant, to lend KRW 21 million to the victim.”

However, since the mother was not expected to perform the organ transplant surgery, even if her mother borrowed money from the victim as the expense of organ transplant surgery, her mother was expected to use the money as an existing debt repayment or living expense. From 2009, her mother was unable to repay the money properly, and there was no intention or ability to repay the money borrowed from the victim within the time limit that was promised with bad credit standing.

Around January 23, 2018, the Defendant received KRW 21 million from the victim to the J Association account in the above I’s name.

3. The Defendant on March 7, 2018

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