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(영문) 서울남부지방법원 2013.08.13 2013고단1565
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Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Fraud against the victim B;

A. On March 2010, the Defendant made a false statement to the victim B, stating, “If he/she lends money that requires start-up funds, he/she will give two interest to him/her and, if necessary, be repaid at any time.”

However, there was no special property at the time and there was no intention or ability to repay the credit card payment from the victim because the Defendant has paid the credit card payment by the so-called “overright” method because there was no special property at the time.

As a result, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim under the pretext of borrowing money.

B. On March 2010, the Defendant made a false statement to the victim that “When joining the new operating fraternity, the Defendant would pay the fraternity normally when he/she returned to the new operating fraternity.”

However, the facts are set forth in the first A.

In addition, the victim did not actually pay 20,000 won out of 50,000 won of the total amount to be paid for each month by the method of paying interest on the loan after borrowing KRW 10,000 to the victim as stated in paragraph (1). Since some of the other members of the accounts have been used as the personal repayment of the defendant's obligation, there was no intention or ability to pay the accounts normally when the order has returned to the victim.

As such, the Defendant, as such, by deceiving the victim, received a total of 6 million won from April 201 to December 201, 200 won from the victim as a deposit money.

C. On June 201, the Defendant made a false statement to the victim that “If he/she lends the payment of KRW 5 million that he/she has agreed to receive at once, he/she shall give two interest to him/her, and he/she shall repay the money that he/she has received when he/she has returned the deposit for the lease of an apartment.”

However, the facts are set forth in the first A.

(b) paragraph (3);

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