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(영문) 서울남부지방법원 2014.04.24 2014고단857
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

On June 27, 2013, the Defendant was sentenced to imprisonment with prison labor for not more than ten months for fraud in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on July 5, 2013.

1. On January 2012, the Defendant made a false statement to the victim C, “A bond business is being carried on. A loaning money, 5% interest per month.”

However, the Defendant did not engage in the bond business, and was thought to use the Defendant’s credit card payment with money from the victim. At the time, the Defendant was liable for the debt amounting to KRW 60 million with borrowed money fraud, etc., and there was no intention or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the defendant, who belongs to the defendant, shall be 9.5 million won from the victim on February 1, 2012, and the same year.

2.8.A transfer of 19 million won to the Agricultural Cooperative Account in the name of D, respectively, around August, the same year.

3.21.Around 21.20 million won, and for the same year.

5. around 10.00,000 won was remitted to the Defendant’s Agricultural Cooperative Account under the name of the Defendant E.

Accordingly, the defendant was given property worth KRW 46 million by deceiving the victim.

2. Fraud against victim F;

A. A. On August 6, 2012, around August 6, 2012, the fraud Defendant made a false statement that “The Defendant would engage in bond business” to the victim F. When lending money, the Defendant would pay 6% interest per month.

However, the Defendant did not engage in the bond business, and was thought to use the Defendant’s credit card payment with money from the victim. At the time, the Defendant was liable for the debt amounting to KRW 60 million with borrowed money fraud, etc., and there was no intention or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the Defendant received KRW 9.4 million from the victim to the said AFC account on the same day.

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

B. On November 1, 2012, the Defendant continued to commit fraud on and around November 1, 2012, at the place of Buddhist land around November 1, 2012.

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