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(영문) 수원지방법원 성남지원 2013.05.23 2012고단2341

사기

Text

A defendant shall be punished by imprisonment for six 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

1. Crimes against victims C;

A. On January 19, 2009, the Defendant stated that “The Defendant was aware of the Victim C’s 105 Dong 409 Dong 105-dong 409 Dong Dong-gu, Seongbuk-gu, Seongbuk-gu through a “E” service organization” in the Victim C’s house, “In 10 years, the Defendant was receiving an individual taxi in 10 years, and the individual taxi would be able to receive this opportunity. The Defendant should be able to receive this opportunity. If the Defendant borrowed KRW 6 million, 5 copies of interest shall be given and 2 months shall be paid without a mold.”

However, at the time of fact, the Defendant was operating a restaurant, but the funeral was not well-grounded, and was preparing to sell the loan 1,000 won owned by the Defendant at the time, but there was a very low possibility of Encashment for seven months, but it was difficult to pay the loan interest of KRW 600,000 per month generated in the course of the loan purchase. Therefore, there was no intention or ability to pay the money within the agreed period, even if the Defendant borrowed money from the victim.

The Defendant, as above, made a false statement to the victim, and received 6 million won from the victim as the borrowed money on the same day and acquired it by defrauded.

B. On May 4, 2009, the Defendant, at the victim’s home, stated on May 4, 2009, that “In order to obtain a private taxi license, the Defendant would pay the Defendant the full payment of the fine, and thus, would pay 5% interest if the Defendant borrowed 2 million won as there is no money. 200,000 won in the 2 match, and that he would receive the said money immediately after 20 days.

However, at the time of fact, the Defendant did not have received money from the Defendant, and on the grounds stated in the above paragraph (a), the Defendant did not have any intent or ability to pay the money within the time limit which he promised to borrow money from the victim.

As above, the Defendant makes a false statement to the victim and belongs thereto as the borrowed money from the victim on the same day.