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(영문) 수원지방법원 안산지원 2020.01.22 2019고단3001

사기

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

The defendants are married couple, and the victim C and the victim D are also married couple.

1. Defendant A, around October 2013, stated that Defendant A borrowed KRW 20 million from the victim’s money to the party who would have sold the F Hegrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

However, at the time of fact, the Defendant did not have any particular property, and rather was liable for the amount of KRW 100,000,000, and even if he borrowed money from the victim, there was no intention or ability to repay it within two to three months.

Nevertheless, on October 28, 2013, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the national bank account (G) in the name of the Defendant on October 28, 2013, and acquired it by fraud.

2. Defendants’ co-principal conduct

A. On December 2013, the Defendants: (a) stated that the Defendant’s fraud against the Victim C was the victim’s house in Ansan-si E Apartment-si, an Ansan-si, the center of the victim, and that “The Defendant would pay back the amount of KRW 30 million to the victim within 2-3 months if the Defendant lent the money to the Defendant. That is, the amount of KRW 10,000,000,000,000,000,000,000,000.”

However, even if the Defendants borrowed money from the victim, they did not intend to use it as personal living expenses, but as personal living expenses. At the time, the Defendants did not own 10,000 loan 10,000 won, and the Defendants did not have any particular property. Rather, Defendant A was responsible for the obligations equivalent to approximately KRW 100,000,000 and approximately KRW 38,000,000,000,000 won, which was operated by Defendant A, and the place of business operated by Defendant A did not make any profit.