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(영문) 서울남부지방법원 2018.10.10 2018고단149
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around November 10, 2016, the Defendant stated to the effect that “C” located in the Incheon Inspection Team that “A would be paid in installments in one million won per month from April 1, 2017, if the Defendant borrowed money to the victim D.”

However, at the time, the defendant was liable for the amount equivalent to KRW 10 million, and even if he borrowed money from the damaged party due to no fixed income, he did not have any intent or ability to repay it in lump sum.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained each of the above 50,000 won and 2,000,000 won for 17 November 17 of the same year from the victim; (c) obtained each of the above 20,000 won and 200,000 won for Haman on November 1 of the same year from the Defendant’s name; (d) obtained the Defendant’s agricultural bank account; (e) KRW 1.5 million around December 3 of the same year; (e) KRW 1.5 million around December 24 of the same year; (e) KRW 1 million around December 27 of the same year; and (e) obtained each 50,000 won and 70,000 won in total from the victim, such as being transferred each of 50,000 won around December 27 of the same year.

“The Defendant, on March 27, 2018, called 2018, 2853, the Defendant called “the victim E to perform an operation for pulmonary cancer,” and called “the victim E to complete payment of KRW 2.4 million plus interest KRW 4 million until April 22, 2018.”

However, in fact, the Defendant did not think that he would use the said money to repay another individual debt, and at the time did not have any intent or ability to repay the said money at the same time, even if he borrowed money from the injured party, the Defendant did not have any intention or ability to repay it.

Nevertheless, on March 27, 2018, the defendant deceivings the victim as above and acquired 2 million won from the victim to the post office account under the name of the defendant from the victim to the money borrowed.

"2018 Highest 3792"

1. On February 27, 2018, the Defendant against the victim F was at a fluoral marina business establishment located in Jincheonbuk-do, and the victim, who was a fluor, “The fluor in China,” was at the victim’s fluoral cancer.

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