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(영문) 서울남부지방법원 2014.01.21 2013고단3703
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

1. The Defendant had been living with C from April 2007, with C in mind at the time of receiving a loan in the name of C.

Around May 25, 2009, the Defendant made a false statement that “Around May 25, 2009, the Defendant made a false statement to the Defendant, Sker, Sker, Samsung Fire Insurance Co., Ltd. (Seoul Dongdaemun-gu), stating that “I will obtain a loan from Samsung Fire Insurance Co., Ltd., which was subscribed to by South and North Korea, and the husband would change the phone of the insurance company as her husband because her husband was the husband, and that I agreed to obtain a loan from her husband. I agreed to do so.”

However, the defendant did not have obtained permission for receiving a loan from C, and there was no intention or ability to repay the loan even after receiving the loan from the victim because the economic situation is not good, such as a large amount of debt at the time and delayed payment of credit card price.

Accordingly, the Defendant, as such, by deceiving a counseling staff through a person who was unable to obtain his name, received a transfer of KRW 4,900,000 from a company bank account in the name of C on the same day.

2. Around September 23, 2009, the Defendant made a false statement to the victim C, stating that “If the Defendant lends money necessary to obtain the house of her mother, he/she will be paid immediately to the buyer’s mother who is currently his/her father’s mother, he/she will be paid the house of her mother who is currently his/her father.”

However, at the time, the father of the defendant was residing in full time, and even if he was returned the deposit, he was planned to use it for the personal debt repayment of the defendant, and there was no intention or ability to repay the money from the victim because of the economic situation such as a large amount of debt at the time and overdue credit card payment.

The Defendant, as such, deceiving the victim and deceiving him, shall make up for 6,000 foot checks from the victim on the same day.

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