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(영문) 광주지방법원 순천지원 2018.06.12 2018고단41

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 8, 2016, the Defendant was making use of the victim’s apartment 202 Dong 1304, which is the house of the victim I located in Mineyang-si around April 8, 2016, for the urgent use of the victim’s apartment 202 Dong 1304.

In three cases, money will be repaid immediately because it is paid up.

“.....”

However, even if the defendant receives money from the injured party, he/she thought that he/she will borrow money from the defendant's children and K will receive the above money to make an investment, and therefore he/she did not have any intention or ability to pay the above borrowed money within three days.

Nevertheless, the Defendant was issued by deceiving the victim as above and receiving KRW 17 million from the victim’s account (L) in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On April 25, 2016, the Defendant’s fraud, around April 25, 2016, is obligated to repay the amount of KRW 17 million, prior to the loan to the Defendant, at the victim’s home of the said victim I, to the effect that the Defendant “it is necessary to pay KRW 30,000,000,000,000,000,000,000,000 won.”

“.....”

However, in fact, the Defendant merely believed that money was raised at the place in which the Defendant’s son invested, and did not have any income or property, and even if the Defendant was planned to transfer 10 million won out of the borrowed money to M as the Defendant’s creditor, even if he received money from the victim, he did not have the intent or ability to pay the money together with the money borrowed.

Nevertheless, the Defendant was issued by deceiving the victim as above and receiving KRW 30 million from the victim’s account (L) in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. On April 29, 2016, the Defendant committed fraud, around April 29, 2016, leased KRW 20 million to the Defendant, even if he/she sold this, even if he/she sold it, he/she borrowed KRW 20 million from the Defendant’s home to the Plaintiff.