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(영문) 서울남부지방법원 2019.01.15 2018고단2455
사기
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. On April 2014, the Defendant made a false statement that he would lend money to the Victim B with the interest of 3% per month because he/she could receive money for sand gathering business.

However, in fact, the defendant did not prepare or proceed with the sand gathering business, and even if he borrowed money from the victim due to no particular property or income, he did not have the intention or ability to repay it.

Ultimately, around April 10, 2014, the Defendant, by deceiving the victim as above, received 7,000,000 won from the victim to the deposit account in the Defendant’s name as the borrowed money and acquired it by deceiving the victim.

2. On August 2014, the Defendant made a false statement to the victim B, stating, “If the Defendant lends money to the victim B as it is necessary to pay money, 3-4% interest per month will be repaid.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because there is no particular income or property.

Ultimately, around August 19, 2014, the Defendant, by deceiving the victim as above, received 4,000,000 won from the victim to the C deposit account in the name of the Defendant, and acquired 3,000,000 won to the C deposit account in the name of D on November 12, 2014.

3. On December 30, 2014, the Defendant made a false statement that it is necessary for the Defendant to engage in the business of exporting goods to Taiwan along with D. The Defendant borrowed money with the interest of 3-4% per month when lending money.

However, the defendant did not actually prepare or proceed with the export business, and even if he borrowed money from the victim due to no particular property or income, he did not have the intention or ability to repay it.

Ultimately, the Defendant deceivings the victim as above and receives 20,000 won from the victim to the C deposit account in the name of the Defendant around December 30, 2014.

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