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(영문) 의정부지방법원 2020.02.06 2018고단5222
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around March 15, 2013, the Defendant stated that “Around March 15, 2018, the Victim B’s house located in Dongdaemun-gu Seoul Metropolitan Government, borrowed KRW 10 million from the victim’s house to the victim “I will complete payment without molding until October 20, 2013, if I lend the Plaintiff KRW 10 million as I’s business funds are insufficient.”

However, at the time, the Defendant had no particular property, and there was no intention or ability to repay the borrowed money to the victim on a timely basis because the interest on loans worth KRW 0,000,000 from H, I, etc. is economically difficult to the extent that it is not timely or impossible to do so.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 10 million from the victim on March 15, 2013 and received KRW 10 million from the victim on or around February 23, 2017, and acquired the total amount of KRW 130 million from the victims on 11 occasions from the above date and time to February 23, 2017.

Around May 2016, the Defendant made a false statement to the victimJ stating that “If he/she lends KRW 25 million to the victimJ, he/she would have to pay the time-to-paid money later, he/she will pay the time-to-paid money.”

However, in fact, the Defendant did not pay taxes since around 2014, and did not have any particular property or income, and there was no intention or ability to pay taxes even if the Defendant borrowed money from the victim, because it was thought that personal debt, card price, etc. were to have reached KRW 100 million by means of a “losting” method by receiving money from the victim, and used it as card price, living expenses, etc.

Nevertheless, as above, the defendant deceivings the victim, and is also against the victim.

6. The loan amount of KRW 20 million is paid from that time to May 2, 2017, as stated in the list of crimes in Attached Table 2, including the receipt of KRW 20,000,000 as a loan, and the credit card use price and short-term card loans shall be paid KRW 45,00,000 from that time.

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