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(영문) 서울북부지방법원 2014.10.17 2014고단2320

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant did not have any special property and income, and borrowed money from banks or other people again, and used the borrowed money for the cost of living (the "day play") by the number of days. The amount borrowed to use the above "day play" has reached KRW 520 million around May 201, and at least KRW 34 million on the one hand, there were economic difficulties in the situation where the principal and interest of the borrowed money has not been properly recovered.

1. Around December 4, 2011, the Defendant made a false statement at the SC Japan Bank located in Jung-gu Seoul Jungdong 178-36, Jung-gu, Seoul, stating that “If she lends 5 million won to the victim C, she will pay her interest sufficiently.”

However, the defendant did not have any intent or ability to repay the money even if he borrowed the money from the victim in an economically difficult situation.

As above, the Defendant was issued 5 million won as the borrowed money from the victim around that time.

2. On December 30, 201, the Defendant concluded that, at the Suhyup Bank located in Myeonc-dong 180-1, Jung-gu, Seoul, the victim C, “Around December 30, 201, the Defendant would make a false statement to the victim C, stating that, “The Defendant is going to operate a Myeonc-won 13,500,000 won per share of the fraternity, KRW 500,000 per share of the fraternity, and KRW 6 million per share of the fraternity.”

However, as above, the defendant was in an economically difficult situation with a plan to use the fraternity as living expenses, etc., and there was no intention or ability to pay the fraternity to the victim.

The Defendant, as seen above, received from the victim who was enrolled in 2-Gu accounts, the sum of KRW 1,00,000,000 per month from October 201, as the monthly payment, from the time on which the Defendant had joined 10,000 won.

3. On February 20, 2012, the Defendant is the Suhyup Bank located in Myeonc-dong 180-1, Jung-gu, Seoul around February 201.