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(영문) 부산지방법원 2014.09.25 2014고단5790

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On May 29, 2009, the criminal defendant against the victim B made a false statement to the effect that "if he/she lends money, he/she will pay interest twice per month on a hand-time funeral, and he/she will pay the principal to the victim, who is a Dong-gu resident, the same as Dong-gu resident," in his/her residence of the victim B (the victim B) located in Busan Seo-gu, Busan.

However, in fact, the Defendant had been in bad credit standing at the time, and had a debt equivalent to KRW 20 million without any property, and even from around 2004, even if he had continued to lend money from the victim in view of continuous damages, he could have sufficiently predicted at the time of borrowing that he did not have the ability to repay the money, and that he could not repay the money borrowed from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim’s place of residence or nearby his/her residence, and acquired KRW 80 million in total over several occasions from June 19, 2009, KRW 8 million on June 22, 2009, KRW 20 million on December 30, 2009, and around June 19, 2009 to December 2009.

2. On April 2, 2010, the Defendant against the victim D was urged to pay the loan to B from the victim D (which is 59 years of age) who is his/her father’s father’s husband’s wife, and the victim was lent KRW 50 million to the victim, with the amount of KRW 80 million borrowed prior to October 30, 2010, together with the amount of KRW 80 million borrowed.

The phrase “the meaning was false.”

However, in fact, the Defendant was in bad credit standing at the time, and was liable for 20 million won without any property. From around 2004, even if he had continued to lend money from the victim, he did not have the ability to repay the money, and it could be sufficiently predicted at the time of borrowing that he could not repay the money borrowed from the victim.

Nevertheless, the defendant.