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(영문) 의정부지방법원 고양지원 2014.10.17 2014고단1428

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around October 2013, the Defendant, at the infinite office, called “D” located in Ku Government-si C, created a kind of relationship with the victim E by introducing an infinite person, who is the defendant’s will, and thereby, he became aware of the victim’s husband’s business in order to make the victim’s husband’s business well known.

1. On January 2014, the Defendant called the victim by phoneing the victim, saying, “The Defendant is obliged to pay the registration tax in order to purchase the house that the mother lives in the F at the PPPPP, but the Defendant borrowed KRW 4 million until June 29, 2014, on the loan of KRW 4 million.”

However, in fact, since the Defendant had a debt of 12 million won borrowed from a bond company and had a debt in excess of monthly income, there was no ability and intent to repay the money. The money received from the victim was used for his/her own living expenses, and there was no intention to pay the registration tax for purchasing the house.

Around January 24, 2014, the Defendant, by deceiving the victim, received KRW 4 million from the victim to the Agricultural Cooperative Account (G) in the name of the Defendant.

2. Around February 10, 2014, the Defendant called the victim and falsely stated that “The Defendant would return to February 20, 2014, the 100,000 won to the owner of the house in which he is residing, with respect to the sale and purchase of the house in which he is living. If 3 million won is lent, the Defendant would return it to the owner of the house after 10 days.”

However, in fact, since the Defendant had a debt of 12 million won borrowed from a bond company and had been in excess of monthly income, there was no ability and intent to repay, and the money received from the victim was used to pay for the smuggling of the house he lives, and there was no intention to purchase house.

Around February 10, 2014, the Defendant, by deceiving the victim as such, received three million won from the victim via the Agricultural Cooperative Account (G) in the name of the Defendant.

3. Around February 11, 2014, the Defendant called a victim by phone, and her mother who had her friended at the time of borrowing 4 million won prior to that time.