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(영문) 제주지방법원 2014.04.10 2014고단26

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On October 19, 2012, the Defendant stated that “D” offices located in Jeju-si, Jeju-si, and that “If the Defendant lent KRW 10 million to the victim E, the Defendant would dispose of the land inherited from the principal by adding up to KRW 5 million, which had not been repaid, to KRW 20 million prior to borrowing KRW 20,000,000,000,000,000,000,000,000,000 were to be repaid.”

However, the Defendant did not have any land inherited from the addressee at the time, and was responsible for the credit card debt of KRW 20 million, as well as the debt of KRW 5 million, which was unpaid from the previous victim. The Defendant was unable to fully meet the living cost and the above debt repayment, on the ground that the monthly income of KRW 200-3 million from the Defendant, which he/she obtained from the selective distribution business, was difficult to fully meet the above obligation payment. Therefore, even if the Defendant borrowed additional money from the victim, there was no intention or ability to repay it within the agreed period.

Around November 15, 2012, the Defendant, by deceiving the victim as above, received money of KRW 10 million from the victim as additional borrowed money from the victim and acquired it by money.

2. On June 1, 2013, the Defendant told the victim to pay KRW 20 million, including money and interest borrowed before September 10, 2013, in the victim’s residence located in the Jeju CityF, “If the other party was to have paid the traffic accident, and the other party was to have paid the other party additional diagnosis and the hospital expenses are urgently needed, and the other party was to have borrowed KRW 1.4 million.”

However, in fact, the Defendant did not have any intent or ability to repay money within the agreed period even if he borrowed additional money from the victim.

On July 1, 2013, the Defendant, by deceiving the victim as above, received KRW 1.4 million from the victim as additional borrowed money and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police of E.