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(영문) 서울북부지방법원 2014.05.01 2014고단759

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 July 26, 2011, the defrauded made a false statement to the effect that “a 7 million won is required to replace the vehicle, if a loan is made, the interest shall be paid in three copies per month, and the principal shall be paid in advance on October 201, 201.”

However, even though the Defendant operated the beauty art room at the time, but did not make profits properly, and even if he borrowed money from the victim due to the economic situation of 23 million won in the absence of any specific property, even though the Defendant did not have any intent or ability to repay the debt, due to the need for the required funds, such as the husband’s hospitalization.

As such, the Defendant, by deceiving the victim, received KRW 7 million from the victim for the same day as the loan money, and then acquired KRW 7,254,00 from the victim on 16 occasions from October 17, 2013, including from the time to October 17, 2013, a total of KRW 7,254,00 from the victim 9.

2. Around March 2013, the Defendant organized the number system of seven members, including the victim G, at the cosmetic room. However, the fact was false to the effect that the Defendant did not intend to organize and operate a normal system even if he did not receive the fraternity payment, but did not have any intent or ability to operate a normal system. However, the Defendant made a false statement to the effect that “the Defendant would have the victim G manage the total number of 18 accounts and fraternitys, KRW 10 million per month, KRW 600,000 per month, and KRW 600,000 per month to receive the fraternity payment.”

As such, on April 9, 2013, the Defendant: (a) by deceiving the victim G; (b) received KRW 1.2 million from G as a deposit account for the second account; (c) received KRW 1070,000 from that account; and (d) obtained profits equivalent to the same amount by deciding to exempt the interest on the existing loan.

As above, the Defendant begins with acquiring the amount of KRW 1.2 million from the victim G.