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(영문) 수원지방법원 안산지원 2014.11.25 2014고단894

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

[2014 Highest894]

1. On December 2012, the Defendant entered a three-dimensional account operated by the victim C with the same attitude that he/she is able to faithfully pay fraternitys at a place where the place is unknown and where the said place is unknown.

However, the Defendant did not have any intent or ability to pay the entire amount because not only more than KRW 200,000 but also the interest to be paid every month or the amount of the entire amount to be paid every month was not less than KRW 5 million.

As above, the Defendant, by deceiving the victim as above, was given KRW 10 million under the pretext of a guidance around December 17, 2012 from the victim, and received KRW 61.5 million under the pretext of a guidance around April 25, 2013.

2. On December 15, 2012, the defrauded made a false statement to the effect that “the victim C would have paid money immediately, if necessary,” at a place where the location is unknown.

However, the Defendant had no intent or ability to pay the deposit even if the deposit was received, since not only more than 20 million won of the obligation at the time, but also the interest or the amount of the deposit that should be paid monthly was not less than 5 million won.

The Defendant, as above, by deceiving the victim, received KRW 2 million from the victim as the loan money around December 15, 2012.

[2014 Highest 1508]

3. Around October 22, 2012, the defraudeds related to the borrowed money loaned KRW 10 million to the victim F at the E-cafeteria operated by the Defendant, U.S., the Defendant called, “I would pay back the borrowed money without a mold if it is necessary to do so in one month prior to the end of one month.”

However, in fact, the Defendant had a debt of 20 million won or more at the time, and the amount of interest to be paid each month or the amount of the fraternity was at least five million won, and there is no money to pay the interest, so-called so-called “reshion” with the money borrowed from another person.