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(영문) 광주지방법원 2013.08.09 2013고단1276
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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. The defrauded of the borrowed money: (a) the Defendant was a bad credit holder while closing a restaurant run at around 1998; (b) around 2009, the Defendant was not refunded the loan of KRW 40 million to the male and female students who operated entertainment business; (c) while organizing and operating the rupture system as a leader, there is no economic situation, such as that some of the members incurred a lack of chronic financing because of the time or failure to provide the term money; and (d) there was no intention or ability to return the borrowed money borrowed from another person in a normal manner since he borrowed money from another person under the pretext of having actually been from the surrounding persons after around 2009.

Around July 1, 2009, the Defendant, at the female bath in Gwangju North-gu, Gwangjubuk-gu, stating that “The victim E shall lend KRW 5 million to the victim E, and shall be paid with it.” The Defendant, who received KRW 5 million from the victim, received the money from the victim.

B. On March 31, 2010, the Defendant made a false call to the victim F at an unsound place, and then received five million won from the victim to the G bank account in the husband G (H) in the name of the Defendant.

C. On December 18, 2011, the Defendant, at the female bath in the above D-D, told the victim I to the effect that “If the Defendant borrowed money from the 10 million won to be repaid to the son who will continue to marry, he/she will use only two months if he/she borrowed money from the son who will be repaid to the son who will continue to marry, and he/she received money from the victim to the above G account on the following day.”

Around January 25, 2012, the Defendant: (a) falsely stated that the victim F would repay 1,1350,000 won to the victim immediately after the two months of the loan from the above bath; (b) the victim F would have been granted a grace period of KRW 1,135,00,000 to the victim; and (c) the victim would have been granted a grace period of KRW 1,135,00 from the victim.

E. The Defendant was fired on April 26, 2012.

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