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(영문) 서울북부지방법원 2014.07.25 2013고단2084
사기
Text

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

On December 28, 2012, the Defendant was sentenced to seven years of imprisonment by the Seoul Northern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on October 11, 2013.

On December 1, 2007, the Defendant: (a) lent money to the victim E (the age of 62 at that time) due to the shortage of living expenses, such as expenses incurred in studying south hospital and expenses; and (b) sold F real estate or real estate located in Gangnam-gu Seoul and received KRW 9 million from the victim; and (c) received KRW 39 million in total on three occasions from June 16, 201, as shown in attached Table 1, from that time, the Defendant received delivery of KRW 1,00,000,000 from the victim, as shown in attached Table 1.

However, in fact, since the business of the Dcafeteria at the time is not well-grounded and it is difficult to pay monthly wages to employees since around 2005, there was almost no income. The real estate owned by the Defendant was owned by the Defendant’s husband while there was no special property in its own name. However, in the situation where it is very low that the Defendant would be allowed to allow the Defendant to pay his personal debt by selling the real estate with the nature of the husband very thoroughly in the management of money, even if he disposes of the real estate with the nature of the husband, it is very low possibility that the Defendant would be allowed to pay his personal debt due to the purchase of the goods, such as bail, by continuously lending a large amount of money without any repayment plan, the Defendant ultimately bears a burden

From around 2007, there was no intention or ability to repay the interest to the victim even if it is difficult to pay the interest due to the so-called return prohibition.

In the end, the Defendant deceivings the victim by the above method, thereby deceiving 39 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H, I, and J;

1. Each prosecutor's office against the defendant;

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