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(영문) 광주지방법원 순천지원 2013.06.12 2013고단77
사기
Text

A defendant shall be punished by imprisonment for six 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 March 2012, the Defendant, while drinking the Victim C (V, 24 years of age) at the age club in the net world around 2012, was able to receive a loan from the lending company through the Defendant with the money for the preparation of clothes, and received the above money from the victim by using a relationship with a chain, and used for the card value, entertainment expenses, etc.

1. On April 2012, the Defendant made a false statement that “The Defendant would first lend KRW 10 million to the victim’s E-building located at the end of the end of the pertinent month, with the payment of a fine for drinking alcohol and a charge for Handphones, etc., so the Defendant would have paid KRW 10 million to the victim in the E-building located at the end of the instant month.” In the absence of such money, the Defendant would first lend KRW 1 million with the amount of a fine, and then have to be repaid later.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money without any occupation and property.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim, to a corporate bank account in the name of the Defendant on May 2012, 201, and, after being transferred to the corporate bank account in the name of the Defendant, fraudulently acquired the money by means of his vehicle installment, card payment, etc.

2. On May 21, 2012, the Defendant concluded that “Around May 21, 2012, the Defendant borrowed KRW 9 million from the victim’s room to borrow KRW 10 million in total to the victim after the vehicle.”

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

On May 21, 2012, the Defendant, by deceiving the victim as above, obtained KRW 9 million in cash from the Defendant’s body in front of the Defendant’s main vehicle located in the Gwangju Bank, Gwangju Metropolitan City Ordinance, Dong-dong, and acquired it by deception.

3. On June 22, 2012, the Defendant made a false statement to the victim at the victim’s house stating that “The Defendant would lend money to the financial company in advance and in the same manner to the financial company, and make payment later.”

However, even if the defendant borrowed money, he did not have the intention or ability to pay it.

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