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(영문) 서울서부지방법원 2013.04.24 2013고단224

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around January 5, 2009, the Defendant loaned the victim E with “Dcafeteria” operated by the Defendant in Eunpyeong-gu Seoul Metropolitan Government, “The owner of the building,” thereby lending KRW 20,000,000,000,000,000,000 to the victim E. If the owner of the building, after one week from the omission in the U.S., lends the money to the Republic of Korea by cancelling the installment savings after one week, it may be possible to repay the money after one week, and if the deposit is not paid, it may be difficult to repay the money that he borrowed before because it is difficult to operate the restaurant any longer.”

However, the fact is that the building owner did not pay the deposit but required to pay the deposit at the close monthly, and the debt at the time reached about 100 million won, and it is unclear whether or not the owner of the building can lend the money from the victim, and there was no intention or ability to pay the money even if he borrowed the money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim under the same day as the borrowed money.

2. Around November 3, 2009, the Defendant stated that “The owner of the house in which he lives is a building company, and the owner of the house has borrowed the house and sold it in lots.” The Defendant sold it in lots, but may sell, and a number of million won may remain. If the Defendant borrowed the down payment of KRW 20 million, it may be repaid five months after the down payment, and the first borrowed money may be repaid.”

However, in fact, the sale of loan is a talked story and requires money to repay other debts, and there was no intention or ability to repay the debt from the victim even if the debt was 300 million won at the time.

The Defendant, by deceiving the victim as such, received KRW 23 million from the victim under the same day as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A certificate of safekeeping of borrowed money and a letter of non-performance;

1. A list of savings deposit transactions;