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(영문) 대전지방법원 논산지원 2013.04.02 2012고단522
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 26, 2010, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Daejeon District Court Dasan Branch on July 15, 2010, and the judgment became final and conclusive on July 15, 2010.

【Criminal Facts】

1. Around August 3, 2007, the Defendant made a false statement to the victim D, “If the Defendant extended the amount of KRW 20 million to the victim more than the previous KRW 10 million, then the Defendant will make a KRW 300,000 per month of interest as to the principal amount of KRW 30 million.”

However, since the defendant was in excess of the debt at the time, there was no intention or ability to repay the above money even after borrowing it from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired cash of KRW 20 million from the victim, namely, in the face of money borrowed from the victim.

2. Around September 30, 2008, the Defendant made a false statement that “When he/she additionally lends KRW 10 million to the victim, he/she shall have paid the principal amount of KRW 40 million to the victim by the end of May 2009. He/she also affixed his/her seal that he/she has borrowed.” The Defendant affixed his/her seal that he/she has borrowed. The interest shall be paid KRW 400,000 per month.”

However, the defendant did not have to pay the borrowed money in lieu of the borrowed money, and the defendant did not have the intention or ability to pay the borrowed money even if he borrowed the money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a cash of KRW 10 million from the victim in the same place as the loan money, and acquired it by deceiving the victim.

3. On May 2009, the Defendant made a false statement to the victim on the part of the Defendant’s residence, stating that “If the Defendant extended additional KRW 10 million to the victim, he/she would have paid the principal amount of KRW 50 million by the end of September 2009.” The Defendant would pay KRW 500,000 per month to the victim.

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

Nevertheless, the Defendant is the victim as above.

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