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(영문) 서울동부지방법원 2014.11.27 2014고단2403

사기

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. Around January 2013, the criminal defendant against the victim B concluded that, at the D office located in Gangdong-gu Seoul Metropolitan Government, the victim B would have repaid his/her card value to the victim B after he/she borrowed money to the victim B. If his/her credit falls short of the credit, he/she shall not receive inheritance from the mother.

However, in fact, the Defendant had little property entitled to inheritance from her mother, had already been responsible for the obligation of KRW 50 million due to business failure, and had been prevented from returning existing obligations to a new obligation by receiving cash services with a credit card such as a type E, etc., by preventing the existing card value. Therefore, even if the Defendant borrowed such money, there was no intention or ability to repay the said money within a month.

Accordingly, the Defendant was delivered KRW 42,613,950 over 28 times as shown in the list of crimes, such as deceiving the victim and receiving KRW 4 million from the foreign exchange bank account (F) in the name of the Defendant.

2. On February 27, 2014, the Defendant against the victim G in Gangnam-gu Seoul, Seoul, would pay back the amount of money to the victim G after this title, if: (a) the Defendant used the current type E credit card; (b) the Defendant did not have any intention to succeed to the property of approximately KRW 1 billion from the parent who should approve the card value; and (c) the Defendant borrowed money to J in return for KRW 1.4 billion.4 billion.

The phrase “the meaning was false.”

However, in fact, the Defendant had no claim against the above inherited property and J, and had already been liable for approximately KRW 50 million due to the business failure at the time, and even if having borrowed the above money, there was no intention or ability to repay it within this framework.

Accordingly, the defendant deceivings the victim and received 4.2 million won from the foreign exchange bank account (F) in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of the respective law of police statements concerning B and G 1.