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(영문) 서울중앙지방법원 2015.12.30 2015고합641

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

[2015Gohap641]

1. On February 20, 2014, the Defendant, at the Defendant’s residence located in the window C of Changwon-si around February 20, 2014, called the victim D by phone, and then borrowed only KRW 20 million.

The statements made by the victim with respect to one week or one to two months of maturity are not consistent with the victim's statement about "one month in wife, 20 million won in the remaining money, 12,13 pages in the investigation records of the case, hereinafter "2015Gohap641" or "two months in the last two months (legal statement)" for convenience, but the statement is consistent in that the victim's statement about one week or one to two months due was the victim's statement that he/she would repay within a certain period of time, and the defendant also provided that he/she would return money to the victim within one week in the investigative agency.

“A statement” is stated.

(67 pages) Within 67 of this title, the Corporation shall pay a full payment without any mold.

“A false statement to the effect that it was received KRW 20 million from the victim’s bank account (Account Number:F) around February 20, 2014, as well as from the victim’s remittance of KRW 5 million from February 21, 2014, KRW 8 million and KRW 2 million from February 22, 2014, and KRW 39 million from February 25, 2014 in the same manner.

However, the defendant, while engaging in bond business at the time, has reached a total of 450 million won, and since the money that the defendant lent to another person cannot be properly recovered, there was no intention or ability to repay the money even if he borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 39 million from the victim as the borrowed money.

[2015 Gohap1074] The Defendant borrowed a total of KRW 39 million from D from February 20, 2014 to February 25, 2014, and then would at the same time conclude D’s demand for repayment, and without the lessor’s permission, entered into the residential lease agreement in which he/she resides.