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(영문) 제주지방법원 2015.04.29 2014고단1840
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the friendship relationship between the victim C (n, 40 years of age) and the middle school alumni relationship.

At the time of this case, the Defendant thought that, while there was no particular property or income, the Defendant had to repay to the lending company, etc. a debt amounting to KRW 88 million, and there was any other personal debt, and thus, the Defendant was able to do so with the term “defensive money” borrowed from the victim.

1. On March 25, 2011, the Defendant made a false statement that “Around March 25, 2011, the Defendant would pay 600,000 won per month to the victim in Seongbuk-gu Seoul Metropolitan Government (nive, 38 years of age) for a business of providing male entertainment loans working in entertainment tavern, such as a baby, to the victim. If the money in question is insufficient, the Defendant would pay 60,000 won per month as interest if he/she loans to the victim with the degree of 60,000 won.”

However, there was no intention or ability to repay the money in accordance with the agreement even if the money was borrowed from the victim due to the above circumstances.

The defendant deceivings the victim as such, and 40,000 won on the day, under the pretext of the loan from such woman;

4.On November 1, 200, one received a total of 60,000 won from each remittance.

2. On February 14, 2013, the Defendant made a false statement to the effect that, in the Defendant’s residence located in Jeju-si, the Defendant would not have any interest on the loan, and based on the fact that the victim sought and did not pay the interest on the loan, the Defendant would not have been able to always enter money, and that, “I would like to resolve all the money necessary for the party funeral by lending KRW 9.5 million.”

However, there was no intention or ability to repay money even if it was borrowed money from the victim due to the situation that not only did not have self-sufficiency but also should have filed a petition for bankruptcy.

The Defendant, as such, by deceiving the victim, received KRW 9.5 million on the day of borrowing money from such female.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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