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(영문) 의정부지방법원 고양지원 2015.06.17 2015고정463
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 3, 2014, around 14:00, the Defendant made a false statement to the victim B, “A money is necessary to reach an agreement with the other party to the payment of the drinking traffic accident. Around January 14, 2014, the Defendant lent KRW 3 million to the other party to pay the monthly salary after one month.”

However, the Defendant did not have any traffic accident, and the above amount was planned by the Defendant to use the borrowed money from the lending company and the bank, and at the time, the Defendant was liable to pay approximately KRW 21 million to the lending company and the bank, so there was no intention or ability to pay the borrowed money even if it was borrowed from the victim.

The Defendant, as above, by deceiving the victim as above, received three million won from the victim, namely, the money borrowed from the seat.

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

2. On April 11, 2014, around 22:00, the Defendant told the victim B of the phone call, saying, “A money is needed to reach an agreement with the other party to commit assault.” On April 25, 2014, the Defendant borrowed KRW 2 million to the other party, the Defendant would have repaid the victim B around April 25, 2014.”

However, there was no assault by the Defendant, and at the time, the Defendant planned to use the money borrowed from the bank as repayment and cost of living. At the time, the Defendant did not have the intent or ability to repay the money even if it was borrowed from the victim because the Defendant was liable to pay approximately 21 million won to the lending company and bank.

The Defendant, as above, by deceiving the victim as above, received two million won from the victim, namely, the money borrowed from the seat.

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

3. On September 15, 2014, the Defendant: (a) at the Defendant’s house located in Pakistan-si E Apartment 1006, 105, the Defendant’s office; and (b) at the Internet NAV bulletin board, Nene A500 Kara.

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