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(영문) 서울중앙지방법원 2014.04.16 2013고단6402

사기등

Text

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

Of the facts charged in the instant case, the fraud as to D is acquitted.

Reasons

Punishment of the crime

1. In fact, from January 2008, the Defendant: (a) from her husband’s monthly income from around 3 million won to 300 million won; (b) since her husband’s debt exceeds 10 million won; (c) monthly expenditure, such as interest of KRW 10 million per month; (d) monthly income of KRW 700,000; and (e) living expenses of KRW 150-2,000,000,000, is in excess of 12 million; (b) notwithstanding that the Defendant did not

A. A. On September 22, 2009, the Defendant called the victim F, a neighboring resident, by phoneing around the Defendant’s house of the Dongjak-gu Seoul Metropolitan Government E Apartment 102 Dong 602, 602, and acquired the credit transfer by obtaining a total of KRW 457 million from the victim on September 22, 2009, including that, after selling after the successful bid, the Defendant borrowed 50% of the principal and profit, KRW 2 million, and the loan of KRW 18 million from the victim. The Defendant received KRW 18 million from the victim on September 22, 2009.

B. On April 25, 2009, the Defendant, at the Defendant’s house around the Dongjak-gu Seoul Metropolitan Government E Apartment 102 Dong 602, 602, the Defendant, through the above F, concluded that “Around the same day, the Defendant borrowed KRW 3 million from the victim G, who is a neighboring resident, to the maximum extent possible,” and that he received KRW 3 million from the victim’s account transfer on the same day from November 27, 2009, from that time to November 27, 200, the Defendant acquired the money by account transfer for total amount of KRW 27 million on four occasions as shown in attached Table 2.

C. On July 1, 2009, the Defendant made a false statement to the victim H, who is a neighboring resident, by phoneing around the Defendant’s house of Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, 102 Dong 602, 602, and “The principal would be returned to the victim H, who is a neighboring resident, and the principal would be 9,100,000 won.” The Defendant received KRW 9,100,000 from the victim on the same day.”