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(영문) 서울북부지방법원 2014.01.15 2013고단2951
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 207, the Defendant operated the secondhand shop called “C” with the Defendant’s male living together in South-gu, Nam-gu, 2007, but the above secondhand shop was owned by the male living together with the Defendant and managed the operating income. The Defendant did not have any particular income or assets and did not have any ability to repay the profits even if he borrowed money from others.

Nevertheless, the Defendant, by deceiving the victim D who sold the abolition on the above body, received a total of KRW 12,100,000 from the victim and acquired it by deception as follows.

1. On March 2007, the Defendant received KRW 2 million from the victim, on the ground that “Ilur only use and complete payment shall be borrowed from the victim,” and that he received KRW 2 million from the victim.

2. On April 2007, the Defendant stated that “If she lends money to her to purchase a heavy vehicle to her children, he/she shall pay 2.8 million won to the son,” and received the payment from the son.

3. The defendant from the point of absence of date on April 2007 to the same year.

8. Until the date in arrears, the victim made a false statement to the victim stating, “I will have to repay the money previously lent to the victim,” and the member received KRW 4 million in total from the victim over a number of occasions.

4. On 2007, the Defendant received KRW 1.3 million from the victim of the Ocheon-gu, Yongcheon-gu, Seoul Special Metropolitan City credit cooperative that stated that “I would pay back immediately if his or her husband and wife lend his or her money to someone rapidly necessary” from the victim.

5. Around June 2009, the Defendant concluded that, “Around June 2009, the Defendant borrowed KRW 2 million from the victim with the victim’s money,” and received KRW 2 million from the victim’s money.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of the police statement law to D;

1. Criminal facts;

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