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(영문) 광주지방법원 순천지원 2019.05.31 2019고단439
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

The Defendant became aware of the victim B from the same university.

1. On June 2013, the Defendant made a false statement that “A Dong C is in the process of a lawsuit, and if he/she lends money as the litigation cost, he/she would make repayment within the next week.”

However, in fact, the defendant did not know the case of Dong-in C and did not have any particular property and did not have any intent or ability to complete the payment even if he received the above money from the victim because he did not have any personal debt.

Nevertheless, on June 11, 2013, the Defendant, by deceiving the victim as above, received 6.5 million won from the victim to the D Association account in the name of C (E) account.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On November 2013, the Defendant made a phone call to the victim and made a false statement to the effect that “If he/she lends 3 million won to the victim once again because the litigation cost of the same student is insufficient, he/she would have borrowed 3 million won at this time with the money that he/she borrowed.”

However, in fact, the Defendant did not know the case, and did not have any property, and did not have any personal debt, and even if he received money from the victim, he thought that he would use it as his personal debt, so even if he borrowed the above money from the victim, he did not have the intention or ability to complete the payment.

Nevertheless, on November 15, 2013, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the F Bank G account in the name of the Defendant, from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. On May 2014, the Defendant called the victim by phoneing the victim, and made a false statement to the effect that “The Defendant would immediately repay the amount of KRW 30 million,00,000,000 to the litigation cost of the same student.”

However, it is true.

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