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(영문) 수원지방법원 2020.04.02 2019고단6617
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 2018, the Defendant, in relation to family travel abroad, will proceed with all procedures, such as the issuance of airline tickets, reservation of accommodation, etc. necessary for the family travel to the victim B by telephone at a place where it is impossible to know the place where a patrolman cannot be found.

However, the Defendant had no intent or ability to make a promise necessary for overseas travel even if he/she received money from the victim because he/she had to use the amount received from the victim as a personal debt because he/she had borne a number of debts to the branch at the time, failed to pay the card price, etc. However, the Defendant was transferred KRW 5 million to the national bank account (D) in the name of the victim on January 7, 2019. On March 25, 2019, the Defendant received KRW 6 million from the victim’s spouse to the bank account (F) in the name of the Defendant’s E (her spouse) in Korea on March 25, 2019.

However, the fact is that the defendant bears a large number of obligations to the branch at the time, and the defendant bears a total of KRW 170 million or more, such as failure to pay the card price, and it is thought that he will use the amount received from the victim to pay his personal debt, so even if he receives money from the victim, he did not have an intention or ability to proceed with the reservation necessary for overseas training.

The Defendant, as above, makes a false statement to the victim, and receives from the victim the remittance of KRW 10 million from the victim to the bank account (G) in the name of the Defendant’s spouse to the bank account (G) in the name of the Defendant’s spouse on February 28, 2019, and on March 2019.

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