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(영문) 서울남부지방법원 2016.11.09 2016고단3946
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around April 12, 2012, the Defendant made a false statement that “A” restaurant located in Dongjak-gu Seoul Metropolitan Government, “A” would have a victim D to purchase red language, and if there is no money to purchase that 5 million won would have been lent, then 2 months as interest on the second part of the month shall be used.” On May 15, 2012, the Defendant made a false statement to the effect that “F” store in Yeongdeungpo-gu Seoul Metropolitan Government E “F would have to purchase red language. If the Defendant borrowed 5 million won, he/she first lent 5 million won to the victim, which would have been repaid with 5 million won as well as 5 million won.”

However, in fact, the defendant thought that he has borrowed money from the victim with interest on other debts, and did not have the intent or ability to repay the borrowed money as promised.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received from the victim a remittance of KRW 5 million under the name of the loan around April 12, 2012, and KRW 5 million under the same name as around May 15, 2012, and acquired KRW 10 million under the same name.

2. Around August 29, 2011, the Defendant made a telephone call to the victim G and made a false statement to the effect that “A 10 million won flusium exists, and a flusium flusium flusium flusium flusium flusium. A flusium flusium flusium flusium.”

However, in fact, the defendant did not have the time limit for withdrawal, and there was no intention or ability to pay the borrowed money as promised.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received 10 million won from the victim as the borrowed money on the same day.

3. 피고인은 2012. 11.경 피해자 H에게 “가게 장사가 잘 되어서 홍어를 좀 많이 사야 하는데 500만 원만 빌려주면 빠른 시일 내에 갚겠다. 이자는 2부로 해서 주겠다.”고 거짓말을 하고, 2014. 1. 24.경 피해자에게 “남편이 방송국 공사를 땄는데 1,000만 원을 더 빌려주면 전에 빌린 500만 원과 함께 한달 아니면 20일 내에 갚을 테니 돈을 빌려 달라.”고 거짓말을 하였다.

However, the defendant is true.

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