사기
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around June 30, 2008, the Defendant stated that “A person shall repay the clothes he/she operates within 2-3 days, if there is any shortage in the purchase cost of the goods to the clothes he/she operates,” from “D,” the clothes he/she operates,” located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul, to the victim E.
However, the Defendant had been liable to pay a bank fee of approximately KRW 20,000,000,000 from around 10 years before, and the Defendant had no intention or ability to pay such amount within 20,000,000,000,000,000 from the victim was used to repay obligations to other creditors.
As above, the Defendant, by deceiving the victim, received KRW 3 million from the victim’s account in the name of the Defendant, and subsequently acquired KRW 6979 million from January 23, 2009 to the Defendant’s account, from January 23, 2009 to the victim’s name.
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1. Around January 21, 2008, the Defendant made a false statement to the effect that “Around January 21, 2008, the Defendant borrowed 500,000 won of clothes to the victim at the victim G home located in Yangcheon-gu Seoul Metropolitan Government, 3% of monthly interest and return to May 21, 2008.”
However, since the Defendant had been liable to pay approximately KRW 20 million prior to a ten-year period, and the money borrowed from the victim mainly intended to repay obligations to other creditors or to use it for an urgent cost of living, the Defendant did not have any intent or ability to pay such money even if she borrowed money from the victim.
As above, the Defendant deceivings the victim, and then acquired 5 million won in cash from the victim on the same day.
2. Around April 3, 2008, the Defendant committed the crime at the victim’s house on or around April 3, 2008, stating that “If the Defendant lends KRW 5 million to the victim an open real estate at Ansansan, 3% of the monthly interest will be given and returned to August 30, 2008.”