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(영문) 수원지방법원안산지원 2020.11.11 2020고단1912
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

[Criminal Power] On May 10, 2018, Defendant A was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Incheon District Court on June 18, 2018 and the said judgment became final and conclusive on May 18, 2018.

【Criminal Facts】

1. Fraud against the victim B;

A. On February 14, 2012, the Defendant made a false statement to the victim B at “D” restaurant operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, stating that “E is lacking money to put in her husband’s household store. If E lends money to E through B, E would have to pay the time limit as it would return the time limit.”

However, even if the defendant borrows money from the victim, he did not intend to lend money to E, but he thought that the defendant used it for his personal purpose, and he did not have any intention or ability to pay the money to the victim.

The Defendant received KRW 10 million from the victim on the same day, and KRW 5 million from July 2, 2012 to the Defendant’s account (foreign exchange bankF).

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

B. On November 26, 2012, the Defendant made a false statement to the victim that “The friendly words of G operating a frequency house need money. If G lends KRW 5 million to G through (b), G would have to pay the money as it would go against.”

However, even if the defendant borrows money from the victim, he did not intend to lend money to G, but he thought that the defendant used it for his personal purpose, and he did not have any intention or ability to pay the money to the victim.

The Defendant received KRW 5 million from the victim to the account (F) of the Defendant on the same day.

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

2. The criminal defendant against the victim G does not borrow the additional money because he/she borrowed the money from B, as described in paragraph 1, but failed to repay it.

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