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(영문) 서울중앙지방법원 2012.10.12 2012고단331 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

The part of the application for compensation order of this case against the defendant shall be dismissed.

Reasons

Punishment of the crime

1. The defendant's sole crime;

A. On January 9, 2009, the Defendant borrowed 1.4 million won as the victim’s house from the Gu government-Si apartment 101 Dong 1602 to the victim’s house, “If the Defendant lends 1.4 million won necessary to pay the card price to the victim, he/she shall pay it in the following month.”

However, in fact, the defendant was in a bad credit position when the debt amount reaches 30 million won, and even if he borrowed money from the victim due to no special property or income, he did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received money of KRW 1.4 million from the victim to the bank account in the name of D on the same day.

B. On October 26, 2009, the Defendant: “Around October 26, 2009, the Defendant borrowed money necessary to pay the card price to the victim in lump sum.”

However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as such, received 150,000 won from the victim to the account in the same name as that of the said D on the same day.

2. Even if the Defendant borrowed money from the victim as above, he did not have the intent or ability to repay the money, and he did not receive any money borrowed from the school E. Although E was in a bad credit position of 112 million won, and even if he did not have any special property and he did not have any intent or ability to repay the money, E was able to borrow money from the victim who is friendly with the Defendant, and the Defendant was willing to borrow money from the victim who was friendly with the Defendant, and the Defendant was able to receive the loan to repay the money with the previous loan if he borrowed money from the victim because he was able to use it as his own house or own the land, and then he was willing to borrow money from the victim by deceiving him.

The defendant is on March 24, 2010.

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