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(영문) 인천지방법원 2013.08.29 2013고단3446
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around May 2007, the Defendant made a false statement that, at the victim D’s house located in Guro-gu Seoul Metropolitan Government C Apartment 207 Dong 1302, “If the Defendant borrowed KRW 100 million to the victim, he/she would purchase the commercial building but sell it and pay it within three months.”

However, the defendant had the intention to use the commercial building with the borrowed money from the victim, and had no intention or ability to repay the borrowed money for three months after purchasing the commercial building.

Nevertheless, the Defendant was issued a bill of KRW 100 million cashier's checks from the victim on the same day.

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

2. Around August 31, 2007, the Defendant made a false statement that “If he/she lends KRW 60 million to the victim D, he/she will sell the commercial building and pay it to the victim for three months.”

However, the defendant had the intention to use the commercial building with the borrowed money from the victim, and had no intention or ability to repay the borrowed money for three months after purchasing the commercial building.

Nevertheless, the Defendant received 60 million won from the victim to his bank account on the same day.

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

3. On June 2008, the Defendant made a false statement to the victim D’s mother’s home located in Gangwon-gun E, which reads that “A private teaching institute’s pre-paid students are sealed, and the Defendant borrowed KRW 10 million after one month of full payment.”

However, the defendant did not have the intention or ability to pay the borrowed money only a month.

Nevertheless, the Defendant received 10 million won in cash from the victim on his job.

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

Summary of Evidence

1. Defendant's legal statement;

1. D. D.

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