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(영문) 서울북부지방법원 2017.11.08 2017고단3134
사기
Text

Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and Defendant B, the husband of the Defendant, had already borrowed money due to a large amount of other debts, but it was difficult to repay the money, and even if borrowed money, they were to be used in the process of changing the amount of other debts, living expenses, etc.

A. Nevertheless, on December 2015, the Defendant lent KRW 10 million to the victim C at the Buddhist coffee shop in Seodaemun-gu Seoul, Seoul (hereinafter referred to as the “Seomun-gu, Seoul”) among the police officers, “If her husband is a public official of Grade IV of the Health Insurance Corporation, and the interim amount of payment for retirement pay has been set off, the Defendant is required to lend her husband’s KRW 10 million to the next month.

“Along on December 23, 2015, the Defendant’s bank account (D) issued KRW 10 million to the Defendant’s bank account (D) from the injured party.

B. On March 25, 2016, the Defendant ought to add educational expenses for his/her daughters to the victim.

If 5 million won is more lent, her husband's retirement allowance will be repaid in the following month.

“A false statement was received from the injured party at KRW 5 million from the said account.”

2. When Defendant B became aware of the fact that Defendant A, as Defendant B, was unable to borrow money from the victim and was urged to repay the money, Defendant B was unaware of the fact that he did not receive any retirement allowance any longer, he had the intention to seek money by making a false statement even though he did not receive any retirement allowance.

The Defendant, at around October 2016, in F located in Seoul Jung-gu, Seoul, borrowed KRW 30 million,00,000,000,000 from the above victim’s debt to be repaid first if he/she wants to receive money. If he/she is unable to lend to the party, he/she introduces the person and the party gives his/her joint and several guarantee.In addition, the Defendant may receive retirement pay of KRW 210,000,000.

“Along with the false statement, G, which was introduced as a creditor by the injured party, was intended to borrow KRW 30 million from G, and had the injured party enter into a joint and several guarantee agreement for the debt, but it was discovered that G did not have a retirement allowance claim.

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