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(영문) 청주지방법원 2020.04.22 2019고단2112
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Cheongju District Court for the purpose of fraud, and the judgment became final and conclusive on June 29, 2019.

On February 2, 2018, the Defendant stated that “The Defendant shall pay KRW 3 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won,

However, the actual defendant does not have the intent or ability to repay the borrowed money to the victim in a situation where he/she uses it for other purposes even if he/she receives a monthly wage due to the lack of economic conditions as a recipient of basic living benefits.

The Defendant, as such, deceiving the victim, and deceiving him/her from the victim on March 5, 2018, and the same month.

6. The person acquired a total of three million won, including two million won, by fraud.

B. Around March 14, 2018, the Defendant provided that, “Around March 14, 2018, the Defendant lent money to the said victim from the number of days business operators, and continued to contact with the number of days business operators. The Defendant borrowed money so that he/she can pay the money.”

However, the actual defendant does not have the intent or ability to repay the borrowed money to the victim even if he/she receives a monthly wage due to a large amount of personal debt.

On March 16, 2018, the Defendant deceptioned the victim, and caused the victim to transfer three million won to the F’s account in the name of the Defendant’s creditor, and acquired the same amount by deception.

C. On April 3, 2018, the Defendant lent 6 million won to the above victim at an influent place. As such, if he/she made an investment in son who is in Busan with a loan of 4 million won, then he/she may receive interest in 1 million won per month. On the other hand, the Defendant stated that he/she will pay 500,000 won interest from 50,000 won per month and pay 1 year thereafter the principal.

However, the actual defendant had a large amount of personal debt.

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