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(영문) 서울남부지방법원 2015.10.22 2013고단3939
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant, at the Seoul Southern District Court, sentenced one year of suspended execution to four months of imprisonment for fraud, and the said judgment was finalized on the 11th of the same month. On September 13, 2013, the same court sentenced two years of suspended execution to one year of imprisonment for fraud, and the said judgment became final and conclusive on the 20th of the same month.

The Defendant and the victim C of the 2013 Highest 3939 are between April 2012 and April 2013.

1. On July 2012, the Defendant: (a) called the victim C by telephone at a place of non-displacement; and (b) stated that “I would immediately repay 600,000 won, if I would have borrowed 60,000 won as I needed to agree that I would have paid the traffic accident.”

However, there was no traffic accident caused by the defendant D, and the 600,000 won borrowed from the victim did not have any plan to lend it to D only when the defendant thought that he would use it individually.

Nevertheless, the Defendant made a false statement as above, and then received 600,000 won in cash from the Korean bank located in the Seongdong-gu Seoul Metropolitan City sperm at around that time as a traffic accident agreement, and obtained it from the victim.

2. On February 22, 2013, the Defendant stated that “A victim C shall have prepared real estate consulting business, and need money to rent an office and purchase money. I would have paid back the money if I would have left back the check because I would have made an investment to B while making an investment.”

However, at the time, the Defendant had been in excess of the obligation, such as having been liable for approximately KRW 70,000 to PP E without any specific property or fixed income. Since April 2012, the Defendant invested in the game item sales business with money borrowed around around, but there was little balance in the passbook because he did not obtain any particular profit, and the Defendant was in preparation.

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