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(영문) 서울동부지방법원 2015.11.26 2015고단1076

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around January 20, 2011, the Defendant made a false statement to the victim D, stating, “There is no risk of collecting money because he/she lends money to the victim D with interest received from him/her only one month in South Korea. He/she borrowed money by taking a house in the original share as a collateral to receive money only one month. It is not likely that he/she will receive interest on three copies per month.”

However, in fact, the Defendant did not plan to lend all the money received from the victim to E, and borrowed KRW 30,000,000 without being secured from E, and there was no intention or ability to receive the monthly interest from E.

On January 26, 201, the Defendant, by deceiving the victim, received KRW 55,00,000 from the Defendant’s agricultural bank account on January 26, 201.

2. On February 28, 2011, the Defendant made a false statement that “E calls from the victim and lends KRW 20,000,000 again to the victim.”

However, the defendant did not lend money from the victim to E and was planned to use it.

The Defendant, by deceiving the victim as such, received KRW 18,950,000, excluding the interest amount of KRW 1,050,000 on the money loaned from the victim under paragraph (1) on the same day.

3. On September 201, the Defendant made a false statement to the police officer in Seoul Special Metropolitan City, stating that “The sales right of apartment buildings was obtained in KRW 8,000,000 per ordinary day in Seoul Special Metropolitan City F. The sales right may be terminated within one month and at least KRW 12,00,000 per ordinary day may be received. If 300,000 won is leased, 30,000 won will be paid in monthly interest and within one month of the existing borrowed money.”

However, since the defendant did not purchase the above commercial building in 8,00,000 won at ordinary time, even if he borrowed money from the victim, he did not have the intention or ability to repay the commercial building within one month.

As such, the Defendant deceivings the victim, and thereby deceivings the victim, KRW 100,00,00 on September 30, 201, and KRW 50,00,000 on October 1, 201.