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(영문) 서울서부지방법원 2020.10.21 2020고단2673
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is between the victim B and the university motive in 2020.

On April 27, 2020, the Defendant made a false statement to the effect that “The hospital cost is urgently needed. It shall be repaid by not later than the day on which the money is lent,” by communicating the victim with the Defendant at an insular place on April 27, 2020.”

However, in fact, the Defendant was planning to make an investment in the FXE transaction with the money borrowed from the victim, and there was no need to pay hospital fees, and even if the Defendant borrowed money from the victim, there was no intent or ability to pay the money as promised to pay to the victim.

Nevertheless, the Defendant, by deceiving the victim and deceiving the victim from the victim, obtained from the victim the amount of KRW 850,000,000,000,000,000 around 03:00,000,000,000 around 03:18,000 and 1:750,000,000 from the Cbank account (D)

The victim E is a university motive of the defendant, and the victim F works in the restaurant with the defendant and becomes aware of it.

1. On April 25, 2020, the Defendant sent to the victim a caps photograph to verify that the balance was left to the G account and H bank account at the Kakaox on 16:53 on April 25, 2020, the Defendant stated to the effect that “If she borrowed 700,000 won, she went to the bank on April 27, 2020 and paid 300,000 won immediately after going to the bank on April 27, 2020”

However, in fact, the Defendant had a debt of KRW 70 million for those who were at the time, was unable to withdraw money due to an error in the account password, and the Defendant was expected to use all the money received from the victim as gambling money, and thus there was no intention or ability to pay the money even if it was received from the victim.

Nevertheless, the defendant deceivings the victim as above, and then is 90,000,000 won from the victim's account under the name of the defendant around April 26, 2020.

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