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(영문) 의정부지방법원 2017.11.13 2017고단4045
사기
Text

A defendant shall be punished by imprisonment for six 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. Fraud against the victim C;

A. On December 26, 2013, the Defendant borrowed money to the victim from Songpa-gu Seoul Metropolitan Government (Seoul Songpa-gu) around December 26, 201 to lend money to the victim. On October 2014, the Defendant would sell D's house if he/she either returned the deposit money that he/she lives in his/her house at his/her monthly rate and repaid it with his/her tax, or if he/she becomes aware of it.

“A false representation was made.”

However, in fact, the defendant did not have any special income or property, and the house in D did not have agreed to pay the defendant's debt with the above real property owned by the husband. At the time, the defendant used 43 million won of the deposit money for the house living together with the defendant as gambling fund. There was a debt equivalent to about 20 million won, and there was no intention or ability to pay the amount of interest equivalent to 1 million won per month to the creditors, and even if he borrowed money from the damaged person, there was no intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and received 6 million won as the borrowed money from the injured party on the same day.

B. On March 24, 2014, the Defendant made a false statement to the victim, stating that “The Defendant would pay money to the victim by cutting off money or selling the head of Dobong-dong with gambling butts.”

However, in fact, the defendant was planned to use the borrowed money as the gambling fund, and even if he borrowed money from the damaged person as stated in paragraph 1, he did not have the intent or ability to repay the borrowed money.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 10 million to the victim under the same day on the same day.

(c)

The Defendant, around June 23, 2014, at the Gangseo-gu Seoul Metropolitan Government Jungcheon-dong Kancheon-gu Kancheon-gu Kancheon-gu Kancheon-gu restaurant, “The Defendant shall pay the victim interest on the time-to-day cash, but will pay the victim interest for

“A false representation was made.”

However, the defendant is suffering from damage, such as the statement in paragraph 1.

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