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(영문) 수원지방법원 2016.11.11 2016고단5256

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

While the Defendant had been owned by the Defendant from around 2008 to 2010, the Defendant had the obligation to pay KRW 300 million in addition to the obligation to pay KRW 600 million loans from Solomon Savings Bank as collateral of the former C Apartment 215 Dong 1101, which was granted by Solomon Savings Bank as well as the obligation to pay KRW 600 million, while there was no particular property other than the above real property, and there was no fixed income. Therefore, even if the Defendant borrowed money from the victims, the Defendant did not have the intent

1. On October 2008, the Defendant: (a) made a false statement to the victim D, “I would pay off money if I would lend money to the victim; and (b) he received money from the victim on or around the 23th day of the same month from the victim as the borrowed money and acquired it by defrauded.” (c) The Defendant received money of KRW 3 million from the victim as the borrowed money.

In addition, the Defendant received 90,000 won, around March 1, 2009, around June 30, 2009, KRW 6 million around June 30, 2009, KRW 100,000 won around February 16, 2010, KRW 700,000 around March 16, 2010, and KRW 7 million around March 18, 2010, respectively, from the victim, and acquired 18,60,000 won in total on six occasions.

2. Fraud in victim E;

A. A. On April 7, 2008, the Defendant, on the first-come-served basis, received money from the victim on April 7, 2008, from the victim, on the part of the “G” restaurant operated by the victim in the Gu F during the first-served period, “I will use the money to pay the money if I want to pay the money, and he will pay the money.” The Defendant, on the part of the victim, received money from the victim on the 7th day of the same month as the borrowed money.”

B. Around May 22, 2009, the Defendant stated that he was the Defendant’s house located in the Defendant’s house located in 215 Dong Dong-dong 1101 during the period of Ansan-si on May 22, 2009, that “I will use the Defendant’s phone to lend money to the Defendant and pay off money to the Defendant.”