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(영문) 수원지방법원 안양지원 2013.10.11 2013고단563
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around June 11, 2012, the criminal defendant against the victim C borrowed KRW 10 million from the victim in the “E” restaurant operated by the Young-gu Seoul Metropolitan Government D Victim C, Chungcheongnam-gu, and the victim said that “If the victim borrowed KRW 10 million, he/she would promptly repay the interest, adding KRW 1 million to the interest.”

However, in fact, the defendant tried to repay the above borrowed money from another person, and the defendant was missing at the time, so even if he borrowed 10 million won from the victim, he did not have the intention or ability to repay the borrowed money.

Nevertheless, as above, the Defendant, by deceiving the victim, obtained KRW 10 million on the same day from the victim and acquired it by deception, and acquired KRW 27 million in total as stated in the [Attachment List Nos. 1 through 5].

2. On December 15, 2012, the Defendant: (a) borrowed KRW 15 million from the victim’s office at the office of the real estate agent run by the victim F located in Heung-gu G building in Yeongdong-gu, Chungcheongnam-gu; (b) the Defendant borrowed KRW 15 million from the victim’s office; and (c) the Defendant borrowed KRW 15 million from the victim’s office to the victim’s monthly wage if he lent KRW 15 million to the victim’s office.

However, in fact, the defendant tried to repay the above borrowed money from another person, and the defendant was missing at the time, so even if he borrowed 15 million won from the victim, he did not have the intention or ability to repay the borrowed money.

Nevertheless, the Defendant deceivings the victim as above and acquired 15 million won on the same day from the victim.

3. Fraud against victim H;

A. On July 1, 2012, the Defendant stated that “The Defendant invested in the said apartment by giving half the down payment of KRW 28.4 million to the victim H as it is good that the victim H has a real right under 108, 2501, I apartment.”

However, the defendant receives 15 million won from the victim.

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