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(영문) 춘천지방법원 속초지원 2016.11.30 2016고단322
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2009, the fraud defendant against the victim B made a phone call to the victim B at a place where it is not possible to know the place for the first police officer, and made a false statement to the effect that "if the victim in question intends to operate a restaurant, and the security deposit of KRW 10 million is insufficient, 0.5% of the principal interest shall be reduced every month, and the principal shall be repaid until December 30, 2009."

However, the defendant had no particular property at the time, and there was no intention or ability to repay the money even if he borrowed it from the victim because he planned to use the money from the victim as the husband's card price.

On April 14, 2009, the Defendant, by deceiving the victim as above, received cash of KRW 10 million from the D restaurant located in the Gangseoyang-gun C of Gangseoyang-gun as the borrowed money from the victim, and acquired it by defraudation.

2. On February 2010, the defrauded of the Victim E made a false statement to the effect that “Around February 2010, the Defendant borrowed KRW 3 million from the victim E as soon as he/she urgently needs to use the money to pay the money to the victim E, and he/she shall be paid the money immediately for two months. He/she owned the land equivalent to KRW 35 million at the market price, and he/she excluded the installment savings, and thus, he/she may pay the borrowed money without any problem.”

However, the Defendant did not own the land in the seal, and did not have any installment savings, and instead, was given a total of KRW 54.6 million from September 2009 to February 201, the Defendant did not have any intent or ability to repay the money even if it borrowed the money from the victim.

The Defendant, as above, deceiving the victim and received 3 million won as a loan from the said D restaurant around March 16, 2010 from the victim, as seen above, and received 2010,000 won from the victim.

5.10,000 won in the name of a signboard, etc. of a restaurant newly opened.

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