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(영문) 서울동부지방법원 2014.07.23 2014고단1604
사기
Text

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

except that 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

1. On November 20, 2013, the Defendant made a false statement to the effect that “A notary public located in Gangnam-gu Seoul Metropolitan Government in the Clegal Office may borrow money to a third party and receive interest from the victim D on five (5) installments per month. If B lends money to a third party, the principal shall be paid with interest and repaid within three (3) months.”

However, in fact, the defendant was planned to use money from the victim for personal debt repayment, etc., and there was no intention or ability to repay the money even if he borrowed money from the victim, as the principal and interest of about KRW 3.80 million for personal debt should be paid at least KRW 7.0 million each month.

The Defendant received KRW 20 million from the victim on November 21, 2013, and KRW 10 million on November 25, 2013, from the victim, to Korea Standards Bank Account (E) in the name of the Defendant.

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

2. On December 9, 2013, the Defendant called the victim at a place where the place is unknown, and made a false statement to the effect that “F, who is a parent-child, is the mortgagee of the right to collateral security, whose maximum debt amount set forth in 120 million won and 1403, Seoul Special Metropolitan City, is 100 million won, and who will transfer the right to collateral security to the future, and pay the second installment interest per month.”

However, in fact, the Defendant was planned to use money from the victim for personal debt repayment, etc., and was not entitled to obtain permission for the transfer of the right to collateral security from the above F, and was under circumstances that should pay more than KRW 7,80,000 per month the principal and interest for personal debt of KRW 3,80,000 per month, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

The Defendant received KRW 50,000,000 from the victim, around December 9, 2013, from the victim, to the bank account (E).

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

b)a summary of the evidence;

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