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(영문) 대전지방법원 공주지원 2014.04.25 2013고단327

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around April 2011, the Defendant made a false statement to the victim E’s home located in Gongju-si, 201, stating that “The Defendant shall purchase sckes necessary to raise sckes. If the Defendant borrowed money, the Defendant would immediately repay the profits from capital.”

However, there was no fact that the husband of the defendant her husband did capital, and the defendant lent money to other persons in need of money, such as a daily business, and received interest, and the defendant did not have an intention or ability to repay the money borrowed from the victim if the F et al. is unable to pay the money due to the lack of any particular income.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained a total of KRW 60 million from the victim on April 10, 201, KRW 20 million on April 11, 201, KRW 20 million on and around June 10, 201, and KRW 20 million on and around June 10, 201, and acquired it by deception.

2. Around October 2011, the Defendant concluded that “When a person engaged in mincing funeral sells a mincing funeral, he/she intends to lend money to a mincing funeral because there exist a lot of profits when he/she sells the mincing funeral. If he/she lends money, he/she would immediately repay money with the remaining profits from mincing funeral.”

However, in fact, the defendant did not think that he will lend money to a person carrying out mining funeral, but did not intend to lend money to another person in need of money, such as money for a number of days business, to receive interest, and the defendant did not have an intention or ability to lend money to the victim if the F et al. is unable to pay the money due to the lack of any particular income

As such, the Defendant, by deceiving the victim, received from the victim a total of KRW 7.5 million around October 8, 201, KRW 7.5 million around November 17, 201, KRW 7.5 million around December 14, 201, KRW 2.5 million around December 31, 201, KRW 22.5 million around December 31, 201, KRW 15 million around January 5, 201, KRW 7.5 million around February 5, 2012, and KRW 7.5 million around February 24, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Second installment;