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(영문) 전주지방법원 군산지원 2018.05.18 2017고단1482
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 1, 2016, the criminal defendant against the victim C made a false statement to the victim C at E's house located in 208 Dong Dong-dong 101, Sinsan-si, Sinsan-si, stating that "on the part of husband, who is in need of money, is required to leave the her husband's steel-rein construction, and on the part of lending money, he/she would pay the monthly interest and repay it immediately."

However, in fact, there was no fact that the husband of the defendant was engaged in the steel construction business as a daily labor position, and the money borrowed from the victim was thought to be used as the living expenses of the defendant, etc., and the defendant was required to pay not less than 1 million won as a monthly interest since there was no particular income other than 20,000 won per month of paying the job benefits for the elderly, and the personal debt should be paid not less than 70,000 won per month.

Nevertheless, the Defendant was granted KRW 10 million in total as shown in attached Table 1 from around that time to October 4, 2016, by deceiving the victim by the above method and receiving KRW 3 million from the victim, i.e., delivery from the victim for the borrowed money.

2. On April 20, 2016, the criminal defendant against the victim F made a false statement to the victim “H” operated by the victim F, a victim F, who was on the 1st floor G G in Si, Gun-si, Busan, stating that “A victim F shall leave her husband to work in another region, with a down payment of three million won out of 12 million won, if he/she loans her mother and her three million won, he/she will make a full payment after the two and three months.”

However, the defendant did not have an intention or ability to pay money normally even if he borrowed money from others in excess of his obligation as stated in paragraph 1.

Nevertheless, the Defendant was granted KRW 5 million in total as shown in attached Table 2, from around that time until April 26, 2016, by deceiving the victim by the above method and receiving KRW 3 million from the victim, namely, from the person who is affiliated with the Defendant, for the purpose of borrowing money.

3. Fraud to the victim I.

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