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(영문) 수원지방법원 안산지원 2019.10.17 2019고단1702
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On February 2, 2010, the Defendant made a false statement to the victim B, who is a workplace employee, at a mutually influorous restaurant in Eunpyeong-gu Seoul Metropolitan Government (Seoul Metropolitan Government), stating that “The Defendant is responsible for the payment of money to C and borrowed money to him/her.”

However, at the time, the Defendant did not have any special property and did not use his account under his name after the bankruptcy around 2008, and since the benefits should be used in full due to debt repayment, living expenses, etc., there was no intention or ability to repay even if the victim borrowed the above money.

Nevertheless, the Defendant, as above, by deceiving the victim, received delivery of KRW 9 million on February 22, 2010, KRW 20 million on June 10, 201, and KRW 10 million on March 1, 201, from the victim, to the E bank account in the above C’s name.

2. On April 201, the Defendant made a false statement to the Defendant and the victim G Co., Ltd., which had been working together with the Defendant and the victim, stating that “I would refund the money if I would have been hospitalized in a hospital, and if I would have lent the hospital expenses.”

However, on the grounds of Paragraph 1, the defendant did not have any intent or ability to repay the borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received delivery of KRW 5 million from the victim’s H Association account under the name of the Defendant, to KRW 5 million on April 8, 201, KRW 500,000 on May 8, 2011, and KRW 4 million on June 21, 201 (total KRW 14 million).

3. On October 201, the Defendant concluded that “Around October 2011, the Defendant borrowed money from the Defendant Company F with the victim B, stating that “A victim B shall be liable to pay the money after one to two months if he/she pays the money to I that is short of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the cash for female-friendly job offering I.”

However, the defendant's intent or ability to pay money, even if he borrows money from the victim for the reason of Paragraph 1.

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