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(영문) 의정부지방법원 2015.10.13 2014고단2143

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant introduced the Victim B from the land owner at the time of the non-explication of the date, and became aware of the circumstances that the Defendant incurred KRW 40 million due to the Victim C, who was the wife.

1. On December 6, 2013, the Defendant against the victim B stated that “The Defendant would have an opportunity to obtain a loan from the party in the name of the party south C, so that he/she would have an opportunity to repay his/her obligations, and would return the loan work expense after completing the loan by February 3, 2014.”

However, even if the defendant receives money from the victim as a loan work expense, the defendant did not have the intent and ability to obtain a loan of KRW 40 million in the name of C, and used the victim and made a false statement to the victim for personal use.

The Defendant received 2 million won from the victim, namely, from the victim, to the national bank account in the name of the Defendant used for loan work expenses, and obtained 1.5 million won on January 27, 2014 and acquired 3.5 million won in total.

2. Around December 10, 2013, the Defendant against the victim C told the victim C, or the victim, prior to the agricultural cooperative branch located in the agricultural cooperative branch in Osan-si, Osan-si, the Defendant: (a) stated to the effect that “A Party C borrowed KRW 40 million from each other in the name of the Party B; (b) B, a loan entered into the Party’s account, may be kept well on the face of B and delivered to B when 40 million won is collected.”

However, even if the defendant receives money from the victim, the defendant did not have the intent or ability to deliver it to the victim B, and made a false statement to the victim for personal use with money from the victim.

The defendant is a cash of three million won under the pretext of a loan to be delivered from the victim to B, that is, from the victim.