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(영문) 서울중앙지방법원 2013.12.05 2013고단1588

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In September 2010, the Defendant was a person who attended the Victim C (V, 54 years of age) through the marriage advertisement column of the Joseon Day.

Around February 10, 2011, the Defendant: (a) in the Defendant’s electrical appliances shop located in Yongsan-gu Seoul Metropolitan Government, the Defendant, even if borrowing the money from the victim, was aware that he did not have the intent or ability to repay the money; and (b) was to acquire the money by defrauding the money by farcing it; (c) the Defendant, even though he was aware, the Defendant, “I would like to repay the money by not later than June of the same year if he borrowed the money as if he was required to pay the money rapidly as operating expenses, I would like to obtain payment of KRW 10 million from the victim and obtain it by defrauding it by 74,640,000 won in total nine times, as shown in the attached list of crimes.”

Summary of Evidence

1. Following circumstances acknowledged based on the defendant's partial statement and trial evidence: (a) although the defendant had been placed an advertisement on old marriage on a daily basis on the premise that he was remarried with the victim, the defendant still was placed in an advertisement; (b) some false facts were revealed by the victim; (c) the defendant borrowed or received money several times within a short period; (d) the defendant did not repay money in accordance with the defendant's promise to borrow money; and (e) the defendant was unable to repay most of the money up to now; and (e) the defendant was remitted, but he was paid money in several times immediately after the remittance, and suspended the payment of the money after the transfer; (b) the payment of the money was suspended; (c) the defendant used the money in question and the principal money until now; and (d) the defendant used the money not delivered part of the money received under the pretext of a loan to his person; and (e) the defendant avoided contact with the victim after October 2011.