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(영문) 수원지방법원 안산지원 2014.07.04 2014고단544

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 24, 2007, the Defendant committed fraud against the victim D’s “FJE” in the “FJE” operated by the Defendant himself in Silung-si on March 24, 2007, the Defendant made a false statement to the effect that “the Defendant would lend money to the victim D with 2% interest per month if he/she lends money and then repay in full.”

However, the defendant had no intention or ability to repay his debt because of a large amount of debt.

The Defendant, as such, received KRW 29,2910,00 from the victim in the same manner through the same 129 times from February 2, 2012, as shown in the attached Table 1, including that the Defendant, by deceiving the victim and received KRW 500,000 from the victim on March 28, 2007.

2. Around September 16, 2011, the Defendant committed fraud against the victim G made a false statement to the effect that he/she would pay the money by setting aside No. 21 when he/she paid the money to the victim G, from the “F fixed-land store” he/she operated in Sinung-si, E, and to the effect that he/she would pay the money.

However, since the Defendant had a debt amount of KRW 400 million, the Defendant did not have any intention or ability to pay the fraternity, and the said system was de facto strikeed around December 201.

The Defendant, as such, by deceiving the victim as such, received from the victim a total of KRW 16.8 million from September 26, 201 to October 15, 201, as shown in the attached Table 2, under the pretext of a deposit account, from September 26, 201 to October 15, 2012.

3. The act of committing fraud against victim H;

A. From the end of December 2010, the Defendant committed fraud at the end of the end of December 2010, 2010, the false statement was made to the effect that “The Defendant would purchase a building, but would have to pay back with the interest paid monthly up to December 1, 201 if he/she borrowed only KRW 11 million,” with the victim H.

However, the Defendant did not have any intention or ability to pay the debt because the obligation was 400 million won or more.

As such, the Defendant deceivings the victim, and thereby deceiving the victim, KRW 11 million from the victim at the end of December 2010.