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(영문) 청주지방법원 제천지원 2015.12.10 2015고단433
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. Around September 21, 2012, the criminal defendant against the victim C concluded that “If the defendant in Songpa-gu Seoul Songpa-gu D lends 30 million won as much as he/she urgently needed to pay money to the victim C, he/she will pay the victim C by adding the interest of two parts if he/she lends 30 million won to the victim C only three months.”

However, the defendant did not have an intention or ability to repay the debt at the time of the agreement even if he borrowed money from the victim because the defendant has repaid the debt with the bond, etc. to prevent the repayment.

As above, the Defendant, by deceiving the victim, received 28.8 million won from the victim’s seat to the national bank account under the name of the Defendant.

Accordingly, the defendant was delivered KRW 28.8 million by deceiving the victim.

2. Fraud against victim F;

A. On December 26, 2012, the Defendant called the victim F at an unsound place, saying, “I wish to pay interest on the second part of each month if I wish to lend that money to I would urgently require 20 million won.” On the ground that I did not have any money from the victim, the Defendant refused to grant a loan to the victim, stating that “I would lend money even if I would receive a loan, I would pay the loan interest more than the loan interest than the loan interest and pay the principal six months later.”

However, in fact, the defendant was thought to use the money borrowed from the victim to pay his/her personal debt, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay it at the time of the agreement, because he/she had repaid his/her debt due to bonds, etc. at the time.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim, to the national bank account under the name of the Defendant, to KRW 20 million.

B. Around March 11, 2014, the Defendant cited “victims” and the number system to the victim in the above Ecosmetic room. If the Defendant borrowed five million won as the need for money, then the Defendant shall pay the principal by sending time off money after five months.

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