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(영문) 수원지방법원 안산지원 2018.03.09 2017고단3638
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 March 2011, the Defendant called the Victim C by phoneing the Victim C with the victim during the middle of March, 2011, that “on the face of a loan of KRW 3 million, two copies per month shall be given, and the principal shall be returned 100 days after 100.”

However, at that time, the Defendant had no intention or ability to pay the principle of money, as agreed above, even if he/she borrowed money from the injured party as his/her daily living cost or the horse money was used as money for gambling, while the annual income was merely the amount of KRW 40 million,000,000,000, and the annual income was merely the amount of KRW 40,000,000,000, and there was no other asset that can be immediately commercialized.

On March 19, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million from the victim on account of the Suhyup Bank’s account; (c) received KRW 3 million on August 28, 201; (d) received KRW 3 million on December 1, 201, KRW 3 million on December 1, 201; and (e) acquired KRW 14 million on January 12, 201 by deceiving the victim.

2. The Defendant committed fraud against the victim D on December 9, 201, the Defendant requires the victim D to “the house to be repaired” in the Dongjak-gu Seoul Metropolitan Government High-sea fisheries market around December 9, 201.

Along with a loan of KRW 10 million, he/she provided that he/she shall pay interest on KRW 5,000,000 to the five-month interest after the two-month.

However, at that time, the Defendant had no intention or ability to pay the principle of money, as agreed above, even if he/she borrowed money from the injured party as his/her daily living cost or the horse money was used as money for gambling, while the annual income was merely the amount of KRW 40 million,000,000,000, and the annual income was merely the amount of KRW 40,000,000,000, and there was no other asset that can be immediately commercialized.

The defendant deceivings the victim as such, and is on the same day from the victim.

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