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(영문) 청주지방법원 2013.11.13 2013고단912

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. At around 11:00 on February 6, 2009, the Defendant, at the home of the Victim F in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and even if he/she borrowed money from the victim due to no fixed income or special property, he/she did not have the intent or ability to repay the money, he/she acquired money from the victim by means of a false statement, stating that “If he/she borrowed 10 million won to return money during his/her study in the United States, he/she will give three (3) interest interest to the victim,” and then, he/she acquired money from the victim via G foreign exchange bank account (Account Number: H) and the Agricultural Cooperative account in I (Account Number J) in the name of 9.7 million won after deducting interest from the victim.

2. On April 17, 2009, the Defendant, at the victim’s house, received money from the victim, as above, a false statement stating that “If the Defendant did not have any intent or ability to repay, the Defendant would have borrowed money from the victim, he would have to pay interest on KRW 15 million if the Defendant borrowed the materials to take charge of civil engineering works in Ycheon, he would have to purchase the materials.” The Defendant received 1,424,000 won from the victim after deducting the advance interest from the victim.

3. On July 15, 2009, the Defendant, despite having no intent or ability to repay money from the victim even if he/she borrowed money from the victim as above, he/she obtained money from the victim by means of a false statement, stating that “Facheon-do requires more than five million won to raise money in the process of construction,” and that it was remitted to the Agricultural Cooperative (Account Number:L) account in the name of K under the pretext of borrowing 4.5 million won after deducting interest from the victim.

4. In the above victim’s house on December 25, 2009, even if the Defendant borrowed money from the victim as above, the Defendant did not have an intent or ability to repay it as promised, the Defendant’s house to transfer the said forest land to the site by exchanging the land in the name of the wife and the 5,000 foot forest land located in the ratio of the building and the 5,000 foot forest land.