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(영문) 춘천지방법원 2017.08.30 2017고단495
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 5, 2013, the Defendant was granted KRW 500,00 from the convenience store near 3,000 at around Switzerland, around May 5, 2013, to the victim D, who is a vice-speaker of the Gangwon-gu, Yangyang-gu, Seoul, that “if he/she lends money that is urgently needed to make payments, he/she would receive monthly payments from the next month,” and received KRW 50,000 from the next month.

However, the Defendant had no intention or ability to repay the debt amounting to KRW 400,000 at the time, even if he/she borrowed money from others due to the fact that he/she received cash services from others due to difficulties in repaying the principal and interest of the debt, and thus, he/she was unable to repay the debt amount.

Nevertheless, the defendant was delivered KRW 500,000 at the same time by deceiving the victim by the above method, and the same year from that time.

6. From 14. up to 14.0, a sum of 8,870,000 won was received through the same method over 14 times, such as in the list of crimes in the attached Form.

2. On June 21, 2013, the Defendant provided that, within the unit mentioned in the preceding paragraph, the Defendant borrowed KRW 7,000,000 from a Sejong Savings Bank to the victim, the Defendant had the victim bear the Defendant’s joint and several liability for the Defendant’s monetary consumption lending obligation at around that time, on the ground that, inasmuch as joint and several liability is avoided, the Defendant would not cause damage by timely repayment of the principal amount.

However, the Defendant, as stated in the preceding paragraph, was given a “recovering” term by credit card cash services, and was given an additional loan by taking account of the circumstances in which cash services should be rapidly reduced, and there was no intention or ability to repay the loan at the time of setting the principle.

Nevertheless, the defendant had the victim bear the joint and several liability of 7,00,000 won of the loan by deceiving the victim as above, thereby having the victim acquire property profits equivalent to the same amount.

Summary of Evidence

1. The defendant's statement in court;

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