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(영문) 서울중앙지방법원 2019.06.20 2018고단2970
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On July 9, 2013, the Defendant: (a) obtained cash from the victim on July 9, 2013; (b) CBD, the residence of the Defendant in Gwanak-gu, Seoul Special Metropolitan City, and distributed the proceeds therefrom to 7:3 (victim: Defendant) (hereinafter “victim”); (c) distributed the proceeds therefrom to 7:3 (victim); and (d) distributed the proceeds therefrom to 26 million won; and (d) on July 9, 2013, the Defendant received KRW 26 million from the victim in custody of the said funds for the victim.

Nevertheless, the Defendant, on July 9, 2013, deposited the above KRW 26 million to the Agricultural Cooperative Account (I) under the name of the Defendant, and embezzled the above money for personal use around that day by using the money for personal use, such as using it for the Defendant’s personal food expenses.

2. Fraud;

A. On June 5, 2013, the Defendant lent money to the Victim E at G Hospital located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, stating that “If a woman-friendly Gu was pregnant, and 800,000 won will be repaid up to December,” the Defendant lent money to the Victim E.

However, at the time, the Defendant was in a bad credit position due to the Defendant’s failure to repay K loans of KRW 7 million, and the benefits received as the “bareboat President” in the name of the illegal game site on May 2013 also was prohibited from being controlled by the above game site and did not have any specific income. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the said amount.

Nevertheless, on June 5, 2013, the Defendant, by deceiving the victim as above, received KRW 80,000 from the victim, in cash, from the said G Hospital on June 5, 2013. From June 5, 2013 to June 10, 2014, the Defendant received the amount of money equivalent to KRW 1,2180,00 from the victim on seven occasions, such as the list of crimes, and acquired the card amount of KRW 5,640,00 from the victim.

B. The Defendant, as described in paragraph 1, refers to the victim E.

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