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(영문) 서울남부지방법원 2014.10.17 2014고단2222

사기

Text

A defendant shall be punished by imprisonment for six months.

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

On December 2, 2008, the Defendant was sentenced to a suspended sentence of four months in Seoul Southern District Court for the crime of forging securities, etc., and the said judgment became final and conclusive on May 23, 2009.

1. On August 21, 2007, the Defendant made a false statement that “Around August 21, 2007, the Defendant would have repaid KRW 10 million to the victim as he/she would have received money from the victim E office in Yangcheon-gu Seoul Metropolitan Government, because he/she would have received money from the store located in Gangseo-gu, Seoul, because he/she would have received money from the victim E office of the victim D operation.”

However, in fact, the defendant did not think that he would use the money received from the victim to pay his personal debt, but did not think that he would use it as the sales price for commercial buildings. At the time, he did not have any property, and even if he borrowed money from the victim because the monthly income was not fixed, he did not have any intention or ability to pay it on the date of repayment.

Nevertheless, as above, the defendant deceivings the victim as above and acquired 10 million won as the borrowed money from the victim on the same day.

2. On February 14, 2008, the Defendant made a false statement to the above victim at the place indicated in the above Paragraph 1 of the same Article, stating that “Around February 14, 2008, the Defendant would have repaid the interest in two copies after one month to the principal because it is difficult to operate the restaurant as well as the economic situation due to the lack of good operation of the restaurant, so he/she would have repaid the interest together with the principal.”

However, the defendant was in excess of his/her obligation using bonds, etc. at the time, and even if he/she borrowed money from the victim because the monthly income was not specified, he/she did not have any intent or ability to repay it on the date of repayment.

Nevertheless, as above, the defendant deceivings the victim as above and acquired 10 million won as the borrowed money from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A certificate of borrowing;

1. Previouss before ruling: The references to criminal records and the application of Acts and subordinate statutes;