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(영문) 서울중앙지방법원 2020.01.16 2019고단3991
사기
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation filed by the applicant B is dismissed.

Reasons

Punishment of the crime

1. Around September 30, 2017, the Defendant made a false statement to the victim B by Gangnam-gu Seoul Metropolitan Government that “A full-time customer loaned the victim B for a short time, and the franchise return return is within two to three days, and KRW 2 million is to be repaid.”

However, in fact, the Defendant was willing to use the money received from the victim to repay the Defendant’s existing debt even if he paid the money to another person. At that time, the Defendant was liable for 15 million won, and the monthly salary that the Defendant received was merely 1.5 million won, so there was no intention or ability to repay the money within the short period, as agreed by the victim.

In other words, the Defendant received 7.5 million won from the victim from the victim, from the time to October 20, 2017, from the time when he received 2 million won in cash from the victim, and acquired 7.5 million won through 4 times from the victim as shown in the attached crime list 1.

2. On October 13, 2017, the Defendant made a false statement to the victim B, Gangnam-gu Seoul, stating, “Arreging the ES which knows that there is almost 99% load rates and is almost 99%, and carries the temple under D, and made a little amount of information from the ice. In doing so, the Defendant would have made a purchase of a horse right by proxy. In the event of winning, the Defendant would distribute the winning money to 5:5, and even if it does not result in winning, ESN or pay it.”

However, in fact, the Defendant was expected to receive only a small amount of money from the Esim even if the winning was made in the horse by proxy after the purchase of marina tickets was made, and there was another obligation in the amount of KRW 15 million, such as Paragraph 1, and the monthly salary was excessive in KRW 1.5 million, so if the winning did not result, the Defendant did not have the intent or ability to reimburse the victim for the cost of purchase of marina tickets.

The defendant, from that time to October 22, 2017, has caused the victim to remit the purchase price of 7 million won of the same day to the victim.

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