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(영문) 서울동부지방법원 2016.06.28 2016고단387
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2015, the Defendant was sentenced to imprisonment with prison labor for an attempted crime, etc. at the Suwon Friwon method, and the judgment became final and conclusive on January 19, 2016.

1. Around September 7, 2014, the Defendant made a false statement to the effect that “The Defendant would make repayment without a mold three-month period since he/she borrowed money from the victim E (n, 32 years of age) at the home of Gangdong-gu Seoul Metropolitan Government, Seoul, to the effect that “The Defendant would make repayment without a mold, because he/she would have made an economic loan to the victim.”

However, the Defendant did not have any intent or ability to repay, even if he borrowed money from the injured party because it is difficult to cover the amount equivalent to KRW 2,800,000,000 per month interest on the bonds that he/she received in exchange for a 28,000,000 won as at the time.

As such, the Defendant: (a) by deceiving the victim; (b) obtained the check card from the victim’s bank account (F) from the victim’s name; and (c) used the 41,400 won from “G” around September 8, 2014; and (c) obtained a total of 22 times from that time to October 6, 2014 by using the check slip 1, a total of 9,832,970 won in the same manner.

2. On September 22, 2014, the Defendant concluded an installment contract of KRW 13 million with Korean Capital to the effect that “The Defendant would have the victim pay a loan under the name of four” without any intent or ability to pay the loan, and that he/she would have the victim pay the loan without any mold. The Defendant had the victim enter into an installment contract of KRW 13 million with Korean Capital when purchasing a vehicle with H on the same day.

3. The Defendant, at the end of September 2014, made a false statement to the effect that “The Defendant would use the share price with a credit card issued in the name of the victim with no intent or ability to repay, and that the payment will be made without a mold.”

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