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(영문) 춘천지방법원 강릉지원 2014.11.27 2014고단590

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 15, 2013, the Defendant against the victim B made a false statement to the effect that “The Defendant would have become a person with bad credit standing due to the damage caused by the damage” to the victim through D, who is the son of the victim B, Taecheon-si, Taecheon-si, 213 Dong 106, which was the victim B, the Defendant would have to complete payment even if he/she sold the apartment.”

However, the Defendant had a debt of KRW 60,000,000 or more, and was planned to pay the money in excess of 100,000,000, and to use the money for the repayment of the existing debt. A bankruptcy application was filed on or around July 2012. Since around November 2012, the procedure for the seizure of benefits was already in progress, and the apartment that had been residing was not owned by the Defendant, and thus, there was no intention or ability to pay the money even if having borrowed money.

The Defendant received 20,000,000 won (one million won check) from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On February 15, 2013, the Defendant against the victim E made a false statement to the effect that “A victim E, who borrowed money in return for an accident, shall pay interest thereon to the victim at the neighboring G convenience store of the victim E’s residence located in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City. If so, the Defendant would receive the sales and retirement pay for the vehicle.”

However, the Defendant had been liable for the total amount of KRW 60,000,000 or more, and was planned to use the money to repay the existing debt, and was filed for bankruptcy on or around July 2012. From around November 2012, there was no intention or ability to repay the total amount of the borrowed money even if the payment was in progress.

The Defendant received 9,000,000 won in total from the victim’s account in the name of the Defendant, including KRW 6,000,000 on the same day, and KRW 3,000,000 on March 30, 2013.

In this respect, the defendant deceivings the victim to take property.