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(영문) 서울남부지방법원 2020.04.24 2019고단1367
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant had no certain occupation or property, and sought jobs in a production job providing board and lodging, but did not have any intent or ability to complete payment from others, even if he/she did not easily seek money from others.

Nevertheless, the Defendant, while living together with his house, was in need of living expenses, etc., was urgently faced with the situation in which he would be a person with bad credit standing due to the illegal use of his name from his senior ward C, and, if he borrowed money, was made a false statement of intent to borrow money from others, as if he can seek a job in the production job and receive a full payment of money.

Accordingly, around August 12, 2018, the Defendant, within the office of the fourth floor E of the building in Gangseo-gu Seoul Metropolitan Government, and together with the dong fee, received KRW 10,462,100 in total over 10 times from September 13, 2018, including that, “The Defendant borrowed the name of a mobile phone with the belief of high school and high-income friendship C and long-standing job offering, but that, after using the same, the friendly district was provided with a loan and then the contact was cut off, and there is a big problem in credit if he/she is not repaid with the money, so he/she is required to pay the money promptly.” The Defendant received KRW 420,000 from the victim as a loan borrowed money from the victim around 13th of the same month by the same method until September 13, 2018.

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

2. The Defendant had no certain occupation or property, and sought jobs in a production job providing board and lodging, but did not have any intent or ability to fully repay the amount, even if he/she borrowed money from others, as he/she did not easily seek such money.

Nevertheless, the defendant living together with his house and needs living expenses, etc., and his parents had to get divorced, but he had no choice but to go back to his father.

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