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(영문) 서울동부지방법원 2014.09.03 2014고단1867

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around March 20, 2013, the Defendant, at the D stores located in Gangnam-gu Seoul Metropolitan Government around March 20, 2013, made a false statement to the victim E, stating, “I will repay to the Defendant after the two months if I would promptly lend to the victim E the fee amounting to KRW 10 million.”

However, at the time of fact, the Defendant had a debt of KRW 50 million, such as bank loans, without any particular property, and had an interest on the said debt of KRW 10 million per month, so there was no intention or ability to repay the debt even if he borrowed money from the victim.

On March 22, 2013, the Defendant received 9.5 million won from the victim to the Defendant’s bank account under the name of the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 26, 2013, the Defendant, at the place specified in paragraph (1) around March 26, 2013, made a false statement to the victim E, stating that “The Defendant shall sell goods to Hong Kong because there is no value of the goods so that he/she may sell the goods to Hong Kong, and then he/she shall complete payment of all the borrowed money after two months from the lending date to the lending date of KRW 20 million.”

However, at the time of fact, the Defendant had a debt of KRW 50 million, such as bank loans, without any particular property, and had an interest on the said debt of KRW 10 million per month, so there was no intention or ability to repay the debt even if he borrowed money from the victim.

On March 28, 2013, the Defendant received 7 million won from the victim to the Defendant’s bank account under the name of the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

3. On April 6, 2013, the Defendant made a false statement to the victim E by phone at the place specified in paragraph (1) around April 6, 2013, stating that “The Defendant shall complete the payment of all the borrowed money to the Plaintiff with the maturity of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

(b).