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(영문) 서울중앙지방법원 2014.08.14 2014고단2651

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 12, 2007, the Defendant was a bad credit holder due to the failure to repay the debt amount of 51,584,423 won to a financial institution, and was reduced to 21,016,49 won by 21,000 won, and was proceeding on July 1, 2013 on credit recovery under the condition that the Defendant paid a certain amount of money each month until July 1, 2013, while the Defendant was proceeding on credit recovery under the condition that the Defendant paid a certain amount of money until July 1, 201.

1. Around April 2010, the Defendant had no special property and had no certain income from the victim C, who was a second-class person with a disability, tried to use most of the money as living expenses or personal debt repayment, etc., and thus, the Defendant did not have any intent or ability to repay the borrowed money even if he/she borrowed money from the victim.

Nevertheless, on April 2010, the Defendant made a false statement to the victim under Article 202 of the Gangnam-gu Seoul Metropolitan Government D Building 202, stating that “The Defendant shall pay 2% interest per month if he/she lends money, and pay it after using lurging only,” and that corresponding year from the victim.

4. 26. 26. The Defendant received remittance of KRW 21 million to the bank account in the name of the Defendant to the bank account in the name of the Defendant.

2. On August 2010, the Defendant used most of the borrowed money from the victim for living expenses or personal debt repayment as stated in Paragraph (1). Although the Defendant commenced a high-end and long-term manufacturing and sales business with some money, etc., but did not dismiss the enemy due to the financial shortage and sales shortage, the Defendant did not have any intent or ability to repay the borrowed money even if she borrowed money from the victim.

Nevertheless, on August 26, 2010, the Defendant made a false statement to the effect that “any money and interest that was lent prior to the lending of money may also be repaid to the victim” at the branch of the Gangnam-gu, Seoul Metropolitan Government branch, and that it was obtained from the victim a copy of the check, namely, at the face value of 18,850,000 from the victim.”

3. The Defendant on April 2010