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(영문) 서울동부지방법원 2014.10.15 2014고단1892
사기
Text

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

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud at the Seoul Central District Court on May 30, 2013, and the said judgment became final and conclusive on June 8, 2013, and is currently

"2014 Highest 1892"

1. On April 1, 2014, the Defendant made a false statement to the victim E at a Dice golf course located near the Songpa-gu Seoul District Office, stating, “In the Republic of Korea, the Defendant may benefit double times from the business of importing a fake scream and wallets in China, 100% safety, and the principal amount shall also be guaranteed. Of that, the Defendant requires a total of KRW 130 million. Of that, the Defendant borrowed KRW 70 million from his father. If an investment is short of KRW 60 million, the amount of the loan out may be extracted to the extent of the loan out.”

However, the fact did not operate a business importing fakes at the time, and even if a debt of KRW 260 million was paid with money from the victim, it did not have any intention or ability to purchase a fakes because it was thought that all of the defendant would pay the defendant's personal debt.

On April 8, 2014, the Defendant received KRW 40 million from the victim to the Saemaul Treasury account in the name of the Defendant on April 8, 2014, and received KRW 60 million in total from the remittance of KRW 20 million on April 9, 2014.

Accordingly, the defendant was given property by deceiving the victim.

"2014 Highest 2515"

2. On March 13, 2014, the Defendant stated to the effect that “If the Defendant borrowed KRW 10 million to operate a garment store business in the Dongdaemun-gu Seoul Metropolitan City, the Defendant would have to repay the said KRW 10 million after the two months if he/she lends the said KRW 53 years of age to the Dongdaemun-gu market.”

However, there was no intention or ability to pay differently the borrowed money because there was a large amount of existing debt so that the defendant could not actually operate the business, and there was no intention or ability to pay the borrowed money.

As such, the Defendant, by deceiving the victim, received 9.6 million won from the victim through the account of community credit cooperatives under the name of the Defendant, for the purpose of borrowing money.

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