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(영문) 서울남부지방법원 2013.03.21 2012고단1833
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 1, 2008, the Defendant stated that “A victim C who became aware of the Guro-gu Seoul Metropolitan Government BabB03, and Khz, shall pay money in one month if he/she lends money.”

However, the defendant did not have any particular income, and even if he borrowed money from the complainant, he did not have any intention or ability to pay the money, such as regulating adult amusement rooms in which the defendant invested.

As such, the Defendant, by deceiving the victim, received 6,00,000 won from the victim who was in his/her possession as the borrowed money, from the victim, from the time to July 21, 201, and by deceiving the victim over 13 times in total, such as the list of crimes in attached Form 13 times from July 21, 201, and acquired 82,090,070 won.

2. On June 23, 2011, the Defendant made a false statement to the victim “F” party run by the victim E in Guro-gu Seoul Metropolitan Government, stating that “F will lend money to the victim with the interest and interest thereon for three months thereafter.”

However, the Defendant did not have the intent or ability to repay the borrowed amount even if the Defendant borrowed the borrowed amount from the victim because there are approximately KRW 70,000,000 of the debt without any special property at the time and there is a lot of money to be paid with corporate interest, etc.

As such, the Defendant, by deceiving the victim, received 13,250,000 won from the victim to the new bank account (G) under the name of the Defendant under the pretext of the loan loan at the time, and acquired it by fraud.

Summary of Evidence

1. Each statement of the defendant, H and C in the suspect examination protocol of each prosecution against the defendant;

1. Each police statement of C and E;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime. Article 347 (1) of the same Act

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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