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(영문) 서울동부지방법원 2018.02.21 2017고단3296
사기
Text

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

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

Reasons

Punishment of the crime

1. Borrowing money under a name;

A. On June 30, 201, at a place where it is difficult to identify a place around June 30, 201, the Defendant paid the Victim C a household check which is one of the payment dates.

A loan of KRW 6.5 million shall be repaid not later than the day of full payment.

“False speech” was made.

At the time, the defendant did not have any intention or ability to pay the money even if he borrowed money from the damaged person due to no particular occupation or property.

As such, the Defendant, by deceiving the victim, received 6.5 million won from the victim to the new bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

B. On July 31, 201, the Defendant, at a place where it is unknown on July 31, 201, performed a default on a household check, which is one of the payment dates, to the victim.

If the father is expected to sell the apartment, and if the father lends the amount of KRW 9 million, he/she shall be repaid with this money.

“False speech” was made.

At the time, the defendant did not have any intention or ability to pay the money even if he borrowed money from the damaged person due to no particular occupation or property.

As such, the Defendant, by deceiving the victim, received 9 million won from the victim to the new bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

(c)

On September 5, 2011, the Defendant was unable to pay a household check which is one of the payment dates to the victim at a place where it is unknown.

It shall be repaid within 1.4 million won by lending to 1.4 million won.

“False speech” was made.

At the time, the defendant did not have any intention or ability to pay the money even if he borrowed money from the damaged person due to no particular occupation or property.

The Defendant, by deceiving the victim as such, received 1.4 million won from the victim to the new bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 16.9 million under the name of the borrowed money three times in total.

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