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(영문) 서울남부지방법원 2019.06.12 2019고단1666
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around April 1, 2016, at a place where a location below Seoul is unknown, the Defendant stated to the victim B that “A son’s fraternity 10 million won is 50,000 won monthly payment, and 100,000 won as interest shall be additionally paid after the payment was made, and the month when the payment was made is made shall not be paid monthly payment. On the other hand, an order may be given Nos. 7 and 15 by entry into the two old accounts. If a monthly payment is sent to the State, it may be delivered to the State.”

However, in fact, while the Defendant’s obligation at the time amounted to KRW 54 million, the Defendant did not have any particular property and did not have any monthly expenditure exceeded income, it was necessary to use funds as living expenses, etc., and the Defendant was organized by C with the claim equivalent to KRW 40 million at the time. In addition, even if the Defendant paid monthly payment after joining the aforementioned limit organized by C, it was decided to receive only the remainder after deducting the above obligation even if he paid monthly payment, and therefore, even if he received money from the victim under the pretext of monthly payment, he did not have the intent or ability to use it as an advance payment or make the victim keep the payment normally.

Nevertheless, the defendant, as such, deceiving the victim and deceiving him/her as such, on April 1, 2016 and the same year.

5.1.Pack, flac

7.2.Mon, 31.Mon, 1.Mon, 1.Mon, 1.Mon

8. 29. Around October 1 of the same year, KRW 1 million each, respectively, and around November 29 of the same year, around December 24 of the same year, around December 24 of the same year, and around January 31, 2017;

3.1.Wolth, 3.Wolth

4.2.Mon, 29.Mon, 29.Mon, 10.Mon, 1.

6.1.Around January 1, 2000, a total of KRW 13,700,000 was remitted to a bank account under the name of the Defendant.

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

2. On August 24, 2016, at a place where it is impossible to identify a place not exceeding Seoul around August 24, 2016, the Defendant newly added a 10 million won mold to the victim B.

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