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(영문) 춘천지방법원 강릉지원 2016.07.22 2015고단1355

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2012, the Defendant committed the borrowed fraud: (a) called “D cafeteria” operated by the Defendant in Gangnam-si C by phoneing the victim E from “D cafeteria”; and (b) the Defendant loaned money to the victim E to set off the number of days on the ground that the said person is in need of money; (c) the Defendant would pay the principal and interest every day.”

However, in fact, F is a person without permission, and the defendant thought to use the above money for other purposes, as well as the defendant did not have any particular revenue or property at the time, and rather, he was liable for a debt worth KRW 30 million including financial institution debt KRW 10 million, and it was difficult to repay the principle every day.

As such, the Defendant, by deceiving the victim, received KRW 2610,00 from the injured party on July 25, 2012, and received KRW 2610,00 from July 25, 2012 to March 19, 2013, by obtaining a total of KRW 27,70,000 through the above method as shown in the attached crime list (1) as in the previous list of crimes.

2. On June 3, 2012, the Defendant: (a) called the victim E at the location described in the foregoing paragraph 1; and (b) called the victim E at the time of the instant paragraph; and (c) was either 20 or more members of the fraternity.

The period was 20 months, and when 50,000 won is paid each month, the amount of 10,000 won per month may be accumulated, and when the payment is made once, the amount of interest of 1.8 million won per month may be subtracted.

However, since the guidance was not recruited, even if the victim received the guidance, there was no intent or ability to pay the time limit money as agreed, and there was a situation where economic difficulty like the above 1.

As such, the Defendant, by deceiving the victim, received KRW 6,480,00 from the victim on June 3, 2012, and acquired it by obtaining a total of KRW 6,480,00 from June 3, 2012 to December 27, 2012, including the transfer of KRW 50,000 from the victim, as well as from June 3, 2012 to December 27, 2012.

(i) the evidence;