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(영문) 서울중앙지방법원 2018.12.19 2018고단4016
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From August 2012, the Defendant was working as the vice-chairperson of the company B, a building implementing company, but was faced with financial difficulties, such as failure to receive benefits, etc., and was willing to borrow money from the victim C to borrow money on May 2016.

1. August 1, 2016:

8. 4. On August 1, 2016, the Defendant: (a) around August 1, 2016, by asking a telephone to the victim, to repay money to D within one week or two weeks per share.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the injured party, he did not have the intent or ability to pay the money normally on the date of the promise, and was planned to return money by departing from the Republic of Korea with the above D, and was aware of the fact that the above D borrowed money from the Defendant to use it as gambling funds, the Defendant paid the money to the injured party as if he paid the money.

Ultimately, the Defendant, by deceiving the victim as above, had the victim acquire property equivalent to the same amount from the victim D by remitting the sum of KRW 18 million to the E bank account under the name of D on August 1, 2016, and KRW 37 million to the same account on August 4, 2016.

2. On August 19, 2016, the accused of fraud, on or around August 19, 2016, by phone calls from the victim on or around August 19, 2016, shall be liable for the payment of money to F, and shall be repaid immediately.

The phrase “ makes a false statement.”

However, even if the Defendant did not have any particular property to transfer money to F, the Defendant did not have any intention or ability to change it normally on the date of promise.

Ultimately, the Defendant, by deceiving the victim as above, caused the victim to transfer KRW 28.5 million to the E bank account in the name of F on August 19, 2016, thereby having F acquire property equivalent to the same amount.

3. August 25, 2016 -

8. From August 25, 2016 to August 27 of the same month, the Defendant committed fraud.

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