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(영문) 인천지방법원 2013.10.24 2013고단3571

사기등

Text

A defendant shall be punished by imprisonment for one year.

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. Fraud;

A. On December 2008, the Defendant made a false statement to the effect that “D” head of the Defendant’s management “D” head of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, would pay the victim E interest of KRW 10 million per month and the principal would be repaid immediately.”

However, at the time, the Defendant had a debt of 120 million won or more (including debt of 20 million won or more to the victim) and even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim under the pretext of borrowing money around that time.

B. On February 2009, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10 million to the victim E at the same place as of February 2009, the Defendant would pay interest of KRW 50 million per month, and the principal would be repaid immediately.”

However, at the time, the Defendant had a debt of KRW 130 million or more (including a debt of KRW 30 million to the victim) and had no intent or ability to repay the debt even if he borrowed money from the victim because it was not well operated.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the borrowed money.

C. On August 29, 2011, the Defendant borrowed an amount of KRW 6 million to the victim from the “F Party Mayor” in the Defendant’s management in the same place.

It shall be repaid together with the amount of KRW 40 million borrowed prior to the lease of the party room with the deposit for the lease of the party room.

‘Falsely speaking to the effect that ‘’ was false.

However, at the time, the Defendant was liable for a debt of 240 million won or more (including a debt of 40 million won to the victim), and there was no person who not only intended to rent the party room but also did not have any intent or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim and belongs to it.