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(영문) 서울서부지방법원 2019.09.19 2018고단4432
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

1. On July 15, 2015, the Defendant made a false statement to the victim B of female-friendly job offering to the effect that “The Defendant was committing an illegal sports gambling in the name of the Republic of Korea, and was a criminal case. A large amount of fine is to be paid, and the Defendant is liable to be bound without a fine or a fine. 80 million won is to be repaid. The father’s money to be received from his/her father is equivalent to KRW 30 million, and he/she will receive money from his/her father if he/she lends money.”

However, in fact, the Defendant did not have any special property and did not have any money to be received from the Defendant and was in a bad credit standing. Therefore, even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay it.

On July 15, 2015, the Defendant, by deceiving the victim, received KRW 5 million from the victim, as the loan money, at the above place, from the victim, and obtained KRW 78,300,000 from that time until January 8, 2018, including from that time, the Defendant acquired KRW 78,30,000 in total, up to 19 times, such as the list of crimes (1).

2. On August 2015, the Defendant made a false statement to the effect that “B may create and use a card in the name of a possessor, because B cannot make a card with bad credit standing,” the Defendant would be responsible for the amount of the card value used.”

However, the defendant did not have the intent or ability to pay the amount of use even if he received a credit card from the victim.

As such, the Defendant, by deceiving the victim, was issued with a DNA card (E) in the name of the victim, and purchased from F around January 30, 2017, an amount equivalent to KRW 60,500 of the game items from around January 30, 2017, and from that time until January 3, 2018, [Attachment] up to January 3, 2018, the Defendant purchased the game items of KRW 11,95,000 over 176 times, as indicated in the crime sight list (2), and did not pay the amount.

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