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(영문) 서울북부지방법원 2015.05.07 2014고단3656
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On July 5, 2014, the Defendant stated that, around July 5, 2014, the Seongbuk-gu Seoul Metropolitan Government C Apartment 102 Dong 1306, the Defendant provided that, “The victim, who is a member of the same friendship, can be seen as gains from the market price by exchanging the currency. When lending money, the Defendant would complete payment within one week by exchanging the currency.”

However, in fact, the defendant, without any specific income as a family owner, took part in a number of accounts unduly borrowed from others at the time without any specific income, and was obligated to pay the interest amounting to approximately KRW 40 million on a month when he/she took part in several accounts, so even if he/she borrowed money from the victim, he/she was planned to repay the money to the victim's personal obligation, and there was no intention or ability to pay the money to the victim.

Nevertheless, as such, the Defendant, by deceiving the victim and deceiving him from the victim as a new bank passbook under the name of the Defendant, received the money of KRW 7 million from the victim to the new bank passbook under the name of the Defendant, KRW 10 million on July 11, 2014, KRW 3 million on July 16, 2014, KRW 3 million on the same month, and KRW 24.2 million on the 19.4.2 million on the 19.2 million on the 19.

2. On April 2014, the Defendant stated, at the Defendant’s house located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, that “I am married and need money,” and that “I am able to see the UN currency exchange profits. I will make a full payment on the loan of money. I will make a full payment on the loan of money.”

However, as above, the defendant did not think that he would purchase the United Nations and would make profits, and since he would pay more than 40 million won interest on the bonds used since 2009, he did not have any intent or ability to pay the above money even if he received the above money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received KRW 9 million from the victim to the account under the name of the Defendant on April 28, 2014, and received money KRW 20 million from the same method on May 2, 2014, and transferred money to the victim on May 14, 2014.

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