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(영문) 대전지방법원 서산지원 2014.08.12 2013고단398
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 October 7, 2010, the criminal defendant against the victim C made a false statement to the effect that “The victim C shall pay 65,000 won each day to the victim C for 100 days, if it is necessary to start a singing room on the sexual side of Seosan-si, Seosan-si, and 500,000 won, if it is lent money.”

However, in fact, the defendant had a debt amounting to 300 million won without any particular property at the time, and the revenue was fully disbursed as living expenses and interest, and it was not confirmed that the operation of singing business was not confirmed, so even if he borrowed money from the victim, he did not have an intention or ability to pay it.

The defendant was given 5 million won from the victim's seat.

2. On February 2010, the Defendant made a false statement to the effect that “The Defendant would pay KRW 10 million after one month to the victim F, who is the mother of the victim F, to the victim F,” at an influent place.

However, in fact, the Defendant had been liable for 300 million won without any property at the time, and all the revenues were disbursed as living expenses and interest, etc., so even if he borrowed money from the victim, he did not have the intent or ability to pay it.

Around March 26, 2010, the Defendant received KRW 5 million from the victim to the Agricultural Cooperative account under the name of the Defendant, and transferred KRW 4 million to the Agricultural Cooperative account under the name of the Defendant on March 27, 2010, and acquired KRW 9 million in total by defraudation.

3. On February 2010, the Defendant made a false statement to the effect that “The Defendant would repay KRW 10 million after the month, if the Defendant borrowed KRW 9 million to the parent-child C of the victim G from the agricultural cooperative located in Seosan-si.”

However, in fact, the defendant has a debt amounting to 300 million won without any particular property at the time, and since all of the revenues have been disbursed as living expenses and interest, etc., it is also borrowed money from the victim.

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