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(영문) 청주지방법원 제천지원 2015.07.23 2015고단99

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

[criminal power] The Defendant is a person who was sentenced to imprisonment with prison labor for six months at the Cheongju District Court Jeju District Court on April 3, 2014 and was finally sentenced to a suspended sentence of six months for fraud on April 11, 2014.

【Criminal Facts】

1. The Defendant stated to the effect that the victim C of Pyeongtaek-gu would be able to pay a large amount of profit if he/she was using land owned by the money in his/her Pyeongtaek-do Pyeongtaek-do which was developed into the pen. On June 201, the Defendant stated that “In this case, he/she would pay money to the victim at an early time when he/she would be able to pay money if he/she borrowed money.”

However, at the time of fact, the Defendant had no particular property, and the monthly income was merely about KRW 2 million. However, even if the Defendant was unable to receive the financial rights amounted to approximately KRW 100 million, it was unable to pay the interest at all since 2008, and there was no intention or ability to pay it properly even if the Defendant borrowed the above money from the victim because the personal debts amount to KRW 20 million.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 9.5 million from the victim to the NongHyup Bank account (E) in the name of D as a loan, around June 27, 2011.

2. Around December 4, 2011, the Defendant called the victim from G in Gangwon-gun F, Gangwon-gun, to “I will pay money to the victim at a prompt time if I lend five million won or more, which is required to pay money.”

However, the Defendant had no profit due to the absence of a certain occupation at the time and had a debt equal to the size stated in Paragraph 1. Therefore, even if the Defendant borrowed money from the victim, he did not have an intent or ability to repay it.

In the end, the Defendant, as above, was accused of the victim and transferred 5 million won to the post office account (I) under the H’s name on the same day from the victim, and deceiving the victim by the same method.