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(영문) 서울동부지방법원 2019.11.25 2019고단1107
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On November 8, 2018, the Defendant, while operating a C Research Institute in Gwangjin-gu Seoul Special Metropolitan City, concluded that “If the Defendant lends 20 million won as rental deposit, the students would be at least 30-40,000 won at a private teaching institute as of the date of each month, and the Defendant would pay 200,000 won as the income of the private teaching institute as of November 15, 2019, and at the same time pay the principal by November 15, 2019.”

However, in fact, the Defendant did not have any intent or ability to repay the above money even if he borrowed the above money due to the bad credit standing.

As such, the Defendant, by deceiving the victim, received the total amount of KRW 20 million from the victim’s account in the name of the Defendant, in addition to KRW 10 million on November 8, 2018 and November 14, 2018.

B. On January 10, 2019, the Defendant made a false statement with the following purport: “If the Defendant lends KRW 1 million from the above private teaching institute to the victim E with the rent, he/she will be repaid two to three days after the receipt of the private teaching institute income.”

However, the Defendant did not have any intent or ability to repay the borrowed money, such as the foregoing “A”, even if he borrowed money.

On January 17, 2019, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim in cash.

C. On January 22, 2019, the Defendant made a false statement to the effect that “The Defendant shall pay the victim F with the money borrowed from other places. It shall be repaid up to the next day of the lending of KRW 3 million.”

However, the Defendant did not have any intent or ability to repay the borrowed money, such as the foregoing “A”, even if he borrowed money.

On January 22, 2019, the Defendant, by deceiving the victim, was issued to the G account in which the Defendant manages the amount of KRW 3 million from the victim.

Around January 2, 2019, the Defendant lent KRW 2 million to the victim H as the rent that is close to the above private teaching institute.

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