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(영문) 서울남부지방법원 2013.10.22 2013고단2026

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 11, 2011, the Defendant stated that “E” operated by the victim D in the first floor of Jongno-gu Seoul Metropolitan Government Jongno-gu C building, the Defendant said that “E is a large number of projects in progress, such as the relocation of the site of the Mine University, and the apartment sale project of the Incheon Cheongbu District,” and that “The Defendant would leave the benefit if he/she lends funds as business activity expenses.”

However, the Defendant did not carry out the business of transferring the land of the Mine University or the business of selling the land of the Chungcheong District apartment. The Defendant was thought to use the borrowed money from the victim for living expenses or other debt repayment, and the Defendant did not have any intent or ability to repay the borrowed money even if it was borrowed from the victim due to the lack of certain income or property.

As such, the Defendant, by deceiving the victim, received KRW 100,000 from the victim to the bank account (G) in the name of the Defendant F on the same day, and by October 26 of the same year, received a loan from the victim over 15 times in total, as shown in the attached crime list, and used the credit card in the name of the victim, and then got the victim to pay the loan amount, and then acquired it by defrauded 71,060,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements from persons in charge of mining and transporting universities);

1. The defendant shall be sentenced to imprisonment with prison labor for the defendant, taking into account the fact that he/she has been punished several times for the same kind of crime and has not recovered from damage, etc. under Article 347 (1) of the Criminal Act concerning the relevant criminal facts;