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(영문) 의정부지방법원 2015.04.20 2014고단4197
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

In fact, the Defendant did not have the intent or ability to repay the money even if he borrowed money from the victim B due to the lack of property, and was actually planned to pay the Defendant’s personal debt by paying the Defendant’s fine after borrowing money from the victim under the name of hospital expenses.

Nevertheless, on December 23, 2010, the Defendant called the victim’s phone at the infinite Ga, Gyeonggi-gun (hereinafter referred to as the “Saeng-gun”) and received KRW 2 million from the victim’s bank account (post office C) on December 24, 2010.

On the 24th day of the same month, the Defendant called the victim again and called the victim again on the 24th day of the same month, “I need to receive the penalty and money well. It is not sufficient to have the surgery cost of KRW 2,00,000,000. It is more than KRW 5,000.0,000,000. rather than KRW 3,000.0,000,000,000. rather than KRW 5,000,000,000,000,000,000,000 won.” The Defendant received from the victim on the 25th day of the same month a total of KRW 1,50,000 from the bank account under the above Defendant’s name, and KRW 2.

In addition, on the 27th day of the same month, the Defendant sent another phone call to the victim on the 27th day of the games (hereinafter referred to as the “Saeng-gun”) and received 4.5 million won from the victim at the E coffee shop located in Gyeonggi-gun D at around the 29th day of the same month, stating, “I will loan 500,000 won for children’s wrong surgery and loan 500,000 won, excluding advance interest and 500,000 won.”

Accordingly, the defendant was given a total of nine million won by deceiving the victim.

Summary of Evidence

1. The defendant;

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