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(영문) 서울북부지방법원 2015.07.16 2015고단1185

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around November 12, 2012, the loan fraud Defendant stated that “A victim C shall be paid off the face amount of KRW 20 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, 648-1, 248, 200, 201,

However, in fact, the Defendant had a debt of 10 million won or more at the time and had a credit card loan to pay for the use of credit cards, etc., and there was no ability to repay even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim C, received KRW 20 million from the victim to the account under the name of the Defendant on the same day, and, from that to June 26, 2014, acquired the total sum of KRW 87.5 million from the victims through the account under the name of the Defendant, as shown in the attached list of crimes, from then to June 26, 2014.

2. Around March 25, 2014, the Defendant was engaged in the act as if he would make a payment of the fraternity to the victim D at the same office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, 648, and was admitted as a total of four units of 1,4,5, and 6 units of 10 million won number book, which was formed by the victim D as the owner of the fraternity.

However, in fact, at the time of the payment of the obligation, the Defendant paid not less than five million won as interest per month, and not less than five million won per month, but not more than the fact that the Defendant borrowed money from others and took the “losting” to repay the existing obligation, so even if receiving the money, there was no intention or ability to pay the money normally.

As such, the Defendant, by deceiving the victim D as such, obtained KRW 3 million from the victim on March 24, 2014, KRW 4.7 million on March 25, 2014, KRW 7.89 million on June 25, 2014, KRW 7.8 million on July 25, 2014, KRW 7.8 million on July 25, 2014, and KRW 7.9 million on August 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each certificate of borrowing;