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(영문) 서울남부지방법원 2020.01.10 2019고단4239
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 31, 2017, at the C office located in Yongsan-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant borrowed money to the victim D, a workplace partner, even though he/she used the loan due to failure in the Abdo business,” and that the head is now in the current lawsuit related to the inherited property, and the cost of the lawsuit is also necessary. The Defendant is entitled to receive money after the completion of the lawsuit.”

However, in the above period, the Defendant was unable to pay the principal and interest claimed each month in excess of the obligation with a high interest rate of KRW 113,200,000 from a credit card company, savings bank, or lending company. The above inherited property related lawsuit was a case in which the principal of the Defendant was complained against, and even if he won in the family lawsuit, there was no money to be paid to others. The Defendant was thought to have used the considerable portion of the borrowed money from the victim as gambling money in the above period. Thus, even if the Defendant borrowed money from the victim, he did not have an intention or ability to repay it normally.

As above, the Defendant, by deceiving the victim and allowing the victim to obtain a credit loan, received 6 million won as a loan on October 31, 2017, from the victim in the same manner, and received a total of 4,4970,000 won from the victim by the same method between around that time and around March 19, 2018, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the A credit bureau, such as details of transactions, recording notes, the Kakakao Stockholm dialogue content, third party loans and reimbursement of claims, fact-finding certificates, each account transaction details, official sending and reply, and the A credit bureau statement;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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