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(영문) 의정부지방법원 2019.07.16 2018고단4520
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On September 2016, the Defendant made a false statement to the Defendant’s house located in Pyeongtaek-gun C, which read “I will pay the Defendant’s money-friendly victim B with no mobile phone charge, but will pay the mobile phone charge if I borrowed the money to pay the mobile phone charge.”

However, the defendant did not have any property under the name of the defendant, and there was no intention or ability to repay the money borrowed from the victim because there was no income.

Nevertheless, the Defendant, by deceiving the victim as above, received 800,000 won from the victim as borrowed money, as described in the separate sheet of crime (1) Nos. 1.

B. On September 23, 2016, the Defendant stated that, at the Defendant’s house located in Gyeonggi-gun A, the Defendant requested the Victim B to repay the above debt, the Defendant “I would have to pay the true and low installment savings in KRW 120,000,000,000,000, not in credit with the credit problem. When paying the smuggling medical insurance fee, I can find the credit problem, and if I would have borrowed KRW 3,00,000,000,000,0000,000,000,000,000,000,000,000,000,000) are false.”

However, in fact, the defendant did not have installment savings or assets under the name of the defendant, and there was no intention or ability to repay the money borrowed from the victim due to the lack of income.

Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 3,00,000 from the victim on the same day, from that time until December 5, 2017, received delivery of KRW 13,750,000 as a sum of six times as stated in [Attachment 2-7] Nos. 2 through 7, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 7, 2016, the Defendant has lent money to the victim D, who is his/her father, of the foregoing B, to pay the fine.

No. 12.2.

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