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(영문) 광주지방법원 2013.05.14 2013고단1052
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant has a debt equivalent to KRW 56 million with loans owed to financial institutions, such as Korean Investment Securities and KB National Card, and approximately KRW 10 million with loans, and KRW 66 million with no particular occupation, and even if he/she borrowed money from the victims, he/she did not have the ability to repay according to the terms and conditions of the agreement. The Defendant did not have any intent to pay the loans every month by either engaging in any work at the home operated by the victims for the repayment of the loans.

1. Fraud against the victim C;

A. On April 9, 2012, the Defendant purchased a loan of KRW 900,00 to the victim C and repaid the amount within one month after receiving the award.

However, the Defendant stated that the Defendant did not have any intent or ability to repay said money even if he borrowed money from the victim as above. The Defendant, by deceiving the victim as above, received KRW 900,000 from the victim to the E account designated by the Defendant on the same day, and defrauded it. B. Around April 25, 2012, the Defendant stated that, at the same place as described in the foregoing paragraph (a), “10,000 won will be subscribed to the victim, and the deposit amount will be paid to the victim for ten months each month.”

However, the defendant did not have the intent or ability to pay the fraternity normally even if he received the fraternity from the victim as above.

Around April 27, 2012, the Defendant, by deceiving the victim, received 6.7 million won from the victim to the E’s account designated by the Defendant and acquired it by fraud.

2. Around April 7, 2012, the Defendant against the victim F stated that “A victim F will subscribe to the successful bid system organized by the party himself/herself as a leading state. Around February 7, 2012, the Defendant would faithfully pay an amount paid in KRW 500,000 per month if he/she would have come to a leading state.”

However, as above, the Defendant is paying the money from the victim.

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