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(영문) 광주지방법원 2014.11.05 2014고단813

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 2009, the Defendant, in the vicinity of the Defendant’s residence in Seo-gu, Seo-gu, Gwangju, made a false statement to the Victim C, stating that “I would pay back money to the Defendant after one month, where our pro-Japanese is acting as a pro-Japanese agency, and the money is urgently needed. There is a money to be received by husband E and there is a case in the trial, and the court immediately left the judgment of winning the case. Upon receipt of the judgment of winning the case, the Defendant would immediately pay the money. I would like to recover the deposit because of the existence of the deposit.”

However, even if the defendant borrowed money from the victim, he did not think that he would use it as a living cost, and it was unclear whether the defendant's husband E could receive a favorable judgment, and there was no deposit which the defendant could find.

In addition, the defendant did not have any intention or ability to repay even if he borrowed money from the victim due to the absence of any other property or income.

The Defendant, as described in the list of offenses (1) in attached Form 2,979,000, by deceiving the victim as such, received 6,165,000 won from March 4, 2009 to January 21, 2010 from the victim’s account under the name of the Defendant, even though he received 3,186,00 won from the victim to the account under the name of the Defendant, and acquired the pecuniary benefits equivalent to 2,979,000 won, which is the difference.

2. On March 2010, the Defendant made a false statement in Seo-gu, Gwangju, Seo-gu, Gwangju, stating that “If a credit card is lent, the credit card will be used, and the credit card will not be paid well on the date of approval.” Even if a deposit is found in a court, the Defendant would have paid money. When a husband’s lawsuit is filed, the Defendant would immediately pay money.”

However, as seen above, money could not be paid by either repaying the deposit or receiving a favorable judgment, and the Defendant is different from the property.