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(영문) 서울북부지방법원 2014.07.18 2014고단556

사기등

Text

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

The defendant shall pay 60,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

"2014 Highest 556"

1. Around March 2, 2012, the Defendant made a false statement to the effect that, at the Defendant’s home located in Dobong-gu Seoul, Dobong-gu Seoul and 1103, the Defendant called the victim C by asking a telephone, and that, “If a person who was in Korea operating 6 foot numbering 10 million won as a leader of a household, and was not paying the fraternity money, there is a person who was in need of paying the fraternity money, he/she would pay interest on three occasions per month, and if he/she speaks in advance, he/she would immediately pay the borrowed money.”

The facts are as follows: (a) while the Defendant operates a restaurant with “E” and operates the six serial numbers, the Defendant disbursed the amount equivalent to KRW 4.5 million with the monthly interest rate of KRW 4.5 million and the deposit money of KRW 3 million with KRW 3 million and the cost of living; (b) on the other hand, even if the Defendant’s husband and her husband were combined with all the incomes of the family members, such as the Plaintiff’s husband and her husband, the amount of the above expenditure was insufficient to cover the above expenditure; and (c) there was no other income or property, so there was no intention or ability

The Defendant, by deceiving the victim as above, received KRW 9 million from the Defendant’s husband F’s business bank account in the name of her husband F for the same day, and received KRW 10 million in cash. The Defendant received KRW 10 million in cash.

2. On April 10, 2012, the Defendant made a false statement to the effect that “Around April 10, 2012, the Defendant would pay the victim interest on three occasions a month if he/she lends money due to shortage of credit payments, and, if he/she speaks in advance that it is necessary, would immediately borrow money.”

In fact, the defendant did not have the intention or ability to repay the borrowed money to the victim under the above circumstances.

The Defendant, as such, by deceiving the victim, received KRW 8 million in cash from the victim on the same day as the loan money.

3. The Defendant’s foregoing around January 15, 2013.