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(영문) 서울남부지방법원 2014.08.21 2014고단2253
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 2012, Defendant and victim D, E, and F were members of Jongno-gu Seoul Metropolitan Government G Community Service G Community Service Class.

1. Fraud against victim D;

A. On August 21, 2012, the Defendant made phone calls to the victim at an unsound place and made false statements to the effect that “I will pay interest KRW 7.5 million after three months if I lend money to the victim for an auction business.”

However, in fact, the Defendant had no intention or ability to repay the personal debt amounting to KRW 100 million by using the money that he received from the victim at the time, and even if he/she borrowed from the victim due to the absence of any other property, the Defendant did not have any intention or ability to repay the debt amount.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim on the same day.

B. On October 16, 2012, the Defendant made a false statement to the victim that “if he/she additionally lends KRW 20 million to the victim at an unsound place, he/she would be repaid with the money borrowed first of all around November 2012.”

However, the defendant did not have the intent or ability to repay the personal debt at the time, even if he borrowed money from the victim due to the situation where the personal debt is equivalent to KRW 100 million and there was no other property.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on the same day.

2. On October 16, 2012, the criminal defendant against the victim E calls the victim at an unsound place, and “I have to pay money to his/her her her son with his/her her her son who borrowed money to his/her son. If I have lent KRW 5 million, I would have to pay her son’s son’s son’s son’s son.”

However, the defendant did not have the intent or ability to repay the personal debt at the time, even if he borrowed money from the victim due to the situation where the personal debt is equivalent to KRW 100 million and there was no other property.

Ultimately, the defendant deceivings the victim as such and belongs to it.

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