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Reasons
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(영문) 서울동부지방법원 2014.06.11 2013고단3324
사기
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A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On October 22, 2012, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 20 million from the “F Real Estate Office” operated by the Defendant with the Gangdong-gu Seoul E Apartment Prize No. 101, to the victim D by telephone, including interest until February 23, 2013.”

However, in fact, it was difficult to pay interest on bank loans in excess of KRW 1 billion and the obligation borrowed from another person. Therefore, even if it was borrowed money from the victim, there was no intention or ability to pay such money.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 20 million from the victim on October 23, 2012.

2. Around December 5, 2012, the Defendant made a false statement to the victim D by telephone at F Real Estate Office that “on the face of the loan of KRW 20 million, KRW 100,000,000 per day shall be paid with interest and the loan shall be paid by March 31, 2013.”

However, the above facts did not have the intent or ability to repay even if they borrowed money from the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim KRW 20 million on December 5, 2012.

3. On January 23, 2013, the Defendant made a false statement to the victim D by telephone at the F Real Estate Office, stating that “I will lend KRW 15 million to the victim and write down for two months.”

However, the above facts did not have the intent or ability to repay even if they borrowed money from the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim KRW 15 million on January 23, 2013.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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