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(영문) 의정부지방법원 2014.04.08 2014고단307

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant did not have any specific property other than 10 million won of the deposit for the apartment house residing in the defendant and her husband C, and there was no property having actual value of collateral, such as from around 10 million won to around 50 million won.

When the Defendant was unable to repay the payment of the monthly rent of KRW 80,000 of an apartment apartment in his husband who is the husband, and the payment of various public charges due to the circumstances under which he would pay the monthly rent of KRW 80,000 of the apartment in his residence and various public charges, the Defendant was able to obtain money from the victim by pretending his ability to repay to the victim by using so-called “fluencing” method, such as lending money to the victim D, etc.

1. On September 20, 2010, the defrauded of the borrowed money: (a) the Defendant made a false statement to the said victim that “I would repay the borrowed money immediately if I would lend five million won as I would like to you would like to go to her infant with an accident and you would immediately return to I. her.”

However, as above, the defendant has no particular property, and since there was no accident that the defendant was living together, the defendant did not have any intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, as above, the defendant deceivings the victim and received five million won from the victim to the Agricultural Cooperative Account of C, the husband of the defendant on the same day.

In addition, the Defendant received KRW 9,2690,00 from the above date to March 15, 2013 as indicated in attached Table 1 “crime List 1.”

2. On January 6, 2012, the Defendant borrowed credit cards, stating that “The said victim will use credit cards and pay the payment in line with the credit card payment settlement date,” at the lot department store located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.”

However, the Defendant, without any specific property, borrowed money from the victim, refers to the so-called “frighting”.