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(영문) 서울남부지방법원 2013.05.08 2013고단302
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2013Kadan302] Around May 16, 2011, the Defendant stated that “A victim D, who was introduced through Da which was known to him at the coffee shop in Dongjak-gu Seoul Metropolitan Government, Seoul, would make installment payments in 2.2 million won per month for ten months, and pay 3.5 copies of the balance as interest.”

However, in fact, the Defendant was in a bad credit position as a result of the multi-stage business around 2006, and was in excess of the obligation, such as bank notes, loan companies, number of days of loan business operators, and personal debt amounting to 85 million won in the absence of any special property or other income at the time of May 201. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the amount properly.

Nevertheless, the Defendant made a false statement as above and transferred 15 million won from the victim to the national bank account in the name of E in the same day, and acquired 22 million won in cash.

In addition, from that to July 18, 201, the Defendant received a total of 5,460,000 won by means of the above four times, such as the list of crimes in the attached Table, from that to that of July 18, 201.

[2013 Highest 868]

1. On June 20, 2012, the Defendant borrowed from the Defendant at the Defendant’s house located in Yangcheon-gu Seoul Police Officer on June 2012, 2012, saying, “The Defendant is operating a dental laboratory along with south, and the monthly income is at least five million won. The Defendant borrowed 10 million won as he/she urgently needed to purchase dental materials, he/she would immediately repay 1 month after the payment and give 8 million won interest.”

However, at the time, the husband of the defendant did not operate the dental laboratory, and the defendant was a person with bad credit standing when doing multi-stage business around 2006.

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