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(영문) 서울남부지방법원 2015.12.02 2015고단3527

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

"2015 Highest 3527"

1. On July 31, 2008, the Defendant: “Around July 31, 2008, the Defendant borrowed the victim’s business expenses to arrange the travel of the Plaintiff’s house in the Jongno-gu Seoul Metropolitan Government Office for the management of the Victim C.

However, at that time, the Defendant had no capacity or intent to repay even if he borrowed money from the victim because the Defendant lent the bonds of KRW 4 to 50 million to demand the repayment of the debt.

As above, the Defendant, by deceiving the victim as above, received KRW 3,340,300 on the same day as the loan money from the victim, KRW 17,80,00 on August 1, 2008, KRW 673,800 on August 5, 2008, KRW 3,000,000 on August 7, 2008, and KRW 50,000 on August 8, 2008, and KRW 25,313,300 on the same day.

2. Around August 1, 2008, the Defendant stated, “Around August 1, 2008, the Defendant loaned money to the victim E as follows: “A customer leaves China, and the customer’s flight fee is less than and less than that of the customer’s flight fee.” By August 20, 2008, the Defendant said that money will be paid at the time of payment.”

However, for the same reasons as the above 1, the defendant did not have the ability or intent to repay the borrowed money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 9,00,000 from the victim for the purpose of borrowing money.

around July 17, 2008, the Defendant made a false statement to the victim F that “The victim F will act on his/her behalf for all necessary matters for a new travel.”

However, there was no intention or ability to act on behalf of the victim, even if the victim receives travel expenses, since the defendant lent the bonds of KRW 4 to 50,000 to demand the repayment of the debt.

The Defendant, as such, deceiving the victim and deceiving him from the victim to do so, for the purpose of the new divorce travel expenses, around July 17, 2008, and around August 2008. < Amended by Act No. 8857, Aug. 8, 2008>