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(영문) 대전지방법원 서산지원 2015.02.05 2014고단649
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. On March 1, 2008, the Defendant, who committed the crime against the victim C, made a false statement to the victim C, stating that “A person shall pay off the money if he/she lends the money.”

However, the defendant was unable to pay a debt of 40 million won or more at the time, and there was no other income and there was no intention or ability to pay the debt even if he borrowed money from the victim.

Nevertheless, the Defendant, as seen above, received property worth KRW 35,500,000 from the victim nine times in total from the above date and time to August 1, 2013, including by deceiving the victim and receiving KRW 20,000 on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 11, 2010, the Defendant made a false statement to the victim D, stating that “I would immediately pay back the money after the lapse of confluence,” at a place where the victim D was not at a place.

However, the defendant was unable to pay a debt of 40 million won or more at the time, and there was no other income and there was no intention or ability to pay the debt even if he borrowed money from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, received a total of KRW 800,000 from the victim, KRW 2 million around September 16, 2010, KRW 2 million around September 17, 2010, and KRW 4.8 million on three occasions, respectively.

Accordingly, the defendant was given property by deceiving the victim.

3. Around January 4, 2013, the Defendant committed the crime against the victim E made a false statement to the victim E, “G” located in Seosan-si F, stating that “I would have to repay the loans within a time limit where I would have to receive the loans, if I would have borrowed the name so that I would have to receive the loans.”

However, the facts are that the defendant was unable to pay a debt of 40 million won or more at the time, and even if he did not borrow money from the victim without any other income.

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