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(영문) 서울서부지방법원 2013.05.09 2012고단2742

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

Reasons

Punishment of the crime

1. Around May 31, 2007, the criminal defendant against the victim C made a false statement to the victim C at a national bank located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, stating, “If the defendant lends 30 million won to the victim C, he/she will subscribe to a deposit of KRW 100 million and make a repayment at a five-time deposit of KRW 100 million.”

However, in fact, the defendant did not have any property or income, while he did not have any intention or ability to repay the amount, even if he borrowed the amount from the victim about 300 million won.

The Defendant, as above, by deceiving the victim, received 30 million won from the victim’s occupation.

2. Around November 2007, the Defendant, at the victim D’s house located in Dobong-gu Seoul Metropolitan Government E Apartment 118 Dong 305, made a false statement to the victim that “If 4.2 million won are paid per month in 50 million won, 50 million won will be added.”

However, in fact, the Defendant did not have any special income as above, and the Defendant continued to operate three to four books a week in a situation where a large amount of debt is owed, and there was no intention or ability to normally operate the fraternity, such as there was no ability to pay the fraternity instead of paying the fraternity.

The Defendant, as such, by deceiving the victim, received 4.2 million won per month from November 20, 2007 to February 20, 2008 from the victim under the pretext of guidance.

3. On June 2008, the Defendant, at the above victim D’s house, made a false statement to the victim, stating that “The Defendant will take up the amount up to five times if 3.3 million won is paid in full at the victim’s home without shouldering the system at this time, and is paid in full time by 1.7 million won.”

However, the defendant did not have the intention or ability to operate a normal system on the grounds of the preceding paragraph.

The defendant deceivings the victim and is under his control.