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(영문) 수원지방법원안산지원 2020.09.24 2020고단2203
사기
Text

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

Reasons

Punishment of the crime

From 2017 to 2017, the Defendant: (a) as a person with bad credit standing, experienced difficulties in living due to telecommunications expenses and overdue payment for card payments; (b) had been unable to pay a debt of at least KRW 10 million; (c) had been aware of a special learning group of students with intellectual disabilities in the B middle school that had been enrolled in a several years; (d) had borrowed money to the victim C, who was aware of the special learning group of students with intellectual disabilities in a several years, he/she would be able to obtain a stable income by making an investment at a place where high interest rate can be received; and (e) had the victim acquired money from the victim for the purpose of borrowing money.

Around June 2017, the Defendant made a false statement to the “E Experiencebook” that “The Defendant, “I would like to make a stable income by investing in a place where there is any other satisfy in the Republic of Korea, with which I would help another satisfy in the Republic of Korea, and at a legally high interest rate, I would like to raise a stable income and to make funds available for the purchase of a farm house with money.”

However, at the time, the Defendant was in arrears with telecommunications expenses and credit card payments, and the credit rating was considerably lower than 10 million won, and the credit rating was considerably lower than 9, while there was no fixed income without any special property, and was so-called “frighting” lending money to another place or paying interest on the obligation to pay for living expenses, and all borrowed money from the victim was used for consumption of his/her own living expenses. Thus, even if he/she borrowed money from the victim, there was no intention or ability to raise funds for the purchase of the farm house to the victim by investing the money in a stable place.

Nevertheless, around July 20, 2016, the Defendant, by deceiving the victim as above, received KRW 2,30,000 from the victim, to the G bank account in the name of the Defendant F in the name of the Defendant.

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