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(영문) 서울동부지방법원 2018.12.19 2018고단2141
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On January 2, 2017, the Defendant called the victim C by phoneing the victim C at a closed place, and saying, “I would have to repay KRW 1 million per month if I would lend money to I would have to pay the expenses of I would have to pay.”

However, the Defendant had a debt worth KRW 250,000,000, and was prevented from returning the principal and interest of the existing debt by lending money. Although it is not required for ABB, it was thought that the Defendant would repay other debt with the loan from the damaged party, so even if he borrowed money from the damaged party, there was no intention or ability to pay the loan in accordance with the agreement.

Accordingly, the defendant deceivings the victim, and received 400,000 won from the victim as the borrowed money on the same day.

B. On February 2, 2017, the Defendant called the victim C by phoneing to the victim C, and saying, “The husband shall pay the money so that the husband’s business is too difficult,” the Defendant shall pay one million won per month if he/she lends the money.”

However, the facts revealed that the Defendant has a debt worth KRW 250 million, and that the Defendant was prevented from returning the principal and interest of the existing debt by lending money, and the husband did not run his business, and that the husband was willing to repay other debt by lending money from the injured party, and therefore, there was no intention or ability to repay the money in accordance with the agreement even if he borrowed money from the injured party.

Accordingly, the Defendant, by deceiving the victim, received from the victim, KRW 80,000 won on the same day as the loan, KRW 1 million on March 14, 2017, KRW 3 million on March 21, 2017, KRW 4 million on April 10, 2017, KRW 600,000 on August 29, 2017, and KRW 9.4 million on August 29, 201.

2. On April 2017, the Defendant against the victim D’s fraud: (a) around F coffee shop in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) the victim D is required to pay money due to the lack of any circumstances on the house; and (c) the apartment that was set up as a water if the Defendant borrowed the loan, is sold within three to four months.

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