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(영문) 서울남부지방법원 2012.08.13 2010고단4014
사기
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

1. Around 15:00 on July 10, 2006, the Defendant made a false statement to the effect that “The Defendant borrowed money to any third party” (the age of 29) to the victim C in front of the Handong-dong, Yeongdeungpo-gu, Seoul Metropolitan Government (the age of 29) and provided a house (Seoul Yeongdeungpo-gu D apartment), which he had no money to repay the money to the third party. The Defendant provided as security and made an application for a loan to the bank. It is sufficient to extend and to pay loans, and to lend the money to the bank within ten (10) days.”

However, the fact that the defendant did not apply for a loan to the bank as security, and the above house was not only under the name of the husband of the defendant, but also divorced with the husband, and even if the defendant borrowed money from the victim due to the lack of any property or income in the name of the defendant, there was no intention or ability to repay.

Nevertheless, the Defendant, as such, was issued 30 million won as a loan borrowed from the victim by deceiving the victim and deceiving the victim.

2. Around July 18, 2006, the Defendant made a false statement to the effect that, at a coffee shop where the Defendant’s trade name located in front of the Yeongdeungpo-gu Seoul Metropolitan apartment, in which it is impossible to know, “The Defendant would have repaid 50 million won, including 20 million won borrowed from the husband at a time when he borrowed 20 million won to the husband, as he/she is required to trade in South and North Korea, even if he/she does not have any trade in money, and thus, he/she would have paid 20 million won, regardless of the next day.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the Japanese bank account (number E) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. To witness C in the 8th trial record;

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