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(영문) 서울북부지방법원 2016.08.11 2016고단197
사기
Text

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

Reasons

Punishment of the crime

1. 2016 high group 197

A. On October 15, 2013, the Defendant: (a) at the place of residence in Gangnam-gu Seoul Metropolitan Government (Seoul) on or around October 15, 2013, sent phone calls to the victim D so that the victim may borrow money to another person and receive interest of KRW 200,000 per month; and (b) the principal shall be repaid at any time when the victim wishes to do so.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time, the Defendant did not have any intention or ability to pay the principal, as well as the interest that the Defendant promised to pay to the victim, because the Defendant had a debt of KRW 300,000,000, borrowed money from another person from another person in the form of lending money from another person, and was thought to use the money to pay the Defendant’s personal debt.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the injured party under the same day as the borrowed money.

B. On January 15, 2014, the Defendant would allow a third party to borrow money from a third party at the same place as that of paragraph (1) at around January 15, 201, and to pay interest of KRW 400,000 per month.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time, the defendant had no intention or ability to repay the principal as well as the payment of interest promised to the victim due to the circumstances such as Paragraph 1.

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 10 million to one bank account in the name of the Defendant on the same day from the victim.

(c)

On May 19, 2014, at the same place as that of No. 1 around May 19, 2014, the Defendant, by posting a phone to the victim, would pay 5 million won by July 15, 2014, along with the previous loan of KRW 15 million.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time, the defendant borrowed 15 million won to the victim for reasons such as Paragraph 1.

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