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(영문) 광주지방법원 순천지원 2016.09.28 2015고단1999
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

Since the Defendant did not have any particular income and was a bad credit holder with a debt of KRW 50,000,000, the Defendant did not have any intent or ability to repay the borrowed money and monthly rent even if he borrowed money from the victim B or rents studio.

A. On November 30, 201, the Defendant: (a) concluded a false statement to the effect that “I will pay 14 million won and monthly rent 200,000 won to D with the authority to lease and manage the said building at the office of the 1st floor in Macheon-si around November 30, 201; (b) the Defendant leased C Studio 203 from D around November 30, 201, while residing in approximately 42 months until March 20, 2015; and (c) did not pay KRW 22,40,000,000 in total, including KRW 8,400 and monthly rent 8,400,000.

B. On June 201, the Defendant received KRW 3,00,000,00 from the injured party under the ground of the above C building on the false statement that “I would make it difficult to live, and if I lend three million won to the maximum as soon as possible, I would be repaid to the injured party.” The Defendant received KRW 3,00,000 from the injured party on the following day as the borrowed money.

(c)

The Defendant, on February 7, 2012, lent money to the Defendant that it is difficult to live with the victim at a Buddhist place, and that he/she shall immediately repay money to the Defendant.

It received 2,00,000 won from the injured party on the same day as the borrowed money on the same day.

(d)

On March 13, 2012, the Defendant borrowed money to the victim with difficulty in living at an unsound place, and he/she would immediately repay money to the victim.

It received 2,00,000 won from the injured party on the same day as the borrowed money on the same day.

E. On May 31, 2012, the Defendant loaned money to the victim on the grounds that it is difficult for the victim to live in an unsound place.

The victim was paid KRW 1,00,000 as the borrowed money on the same day by making a false statement.

F. The Defendant, on June 28, 2012, at a new bank located in the Dongjak-gu Seoul Metropolitan Government New Twitdong, the Defendant “hicker” for the victim.

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