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(영문) 수원지방법원 2013.04.24 2012고단4165

사기

Text

A defendant shall be punished by imprisonment for six 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 December 5, 2011, the Defendant: (a) around December 5, 201, on the part of the victim D’s “FC” for the operation of Sung-gu Women E-dong, Sung-gu, Sung-gu, Sung-gu, Sung-gu; (b) on the part of the victim D’s “FC”); (c) on the month of “E”, there is a lack of money to pay the extension money and the employee’s liquor; (d) on the part of one month, the Defendant would receive the extension money and pay KRW 50 million after one month; and (e) requested E to lend money to the victim who received talks from the victim.

However, at this time, the Defendant had no intention or ability to pay the personal debt up to 80 million won, and even if the Defendant borrowed money from the victim due to the lack of the time limit for reimbursement.

As such, the Defendant, by deceiving the victim, received 4.3 million won (one million won from 5 million won to 7.7 million won) from the new bank account of G designated by the Defendant on the same day from the victim, and acquired it by defrauded.

2. On December 23, 2011, the Defendant stated that “Around December 23, 2011, the Defendant, along with H, told the victim that “In the event that an apartment is married to the Republic of Korea, the husband is the president of the Republic of Korea, and the husband is the president of the Republic of Korea, and only eight million won is extended to the husband.” If the Defendant borrowed money, he/she would offer the vehicle as security as requested by the victim, and would waive the vehicle if he/she would not pay money by February 12, 2012.”

However, in fact, apartment buildings in the name of the defendant did not have actual value due to the creation of collateral, and the vehicle provided as collateral by the defendant was not worth being secured due to the establishment of collateral, and there was no value of collateral, and the defendant did not have the intent or ability to complete payment even if he borrowed money from the victim, such as selling the above vehicle provided as collateral around January 20, 2012 under the financial condition like the above 1.

The defendant deceivings the victim as such, and receives 6 million won from the victim to the new bank account of the defendant on the same day, and receives 1.2 million won in cash.