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(영문) 전주지방법원 2013.08.13 2013고단1141
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

The Defendant had no certain occupation or property at the time of lending money from the victim C, which was known to the Defendant, and had an obligation of KRW 75 million, and attempted to use money borrowed from the victim for gambling. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

1. On April 20, 2010, the Defendant made a false statement to the effect that “Around April 20, 2010, the Defendant would make a reimbursement of KRW 40 million to the Defendant for a total of KRW 40 million every 100 days, if he/she lends KRW 30 million to the Defendant 30,000,000,000,000 per day, when he/she lends her butts money from the gambling room to the Defendant in the Dao Park-dong, Jung-gu, Seoul Special Metropolitan City.”

As such, the Defendant, by deceiving the victim, received 30 million won as the borrowed money from the new cooperation located in the Yandong-gu, Busan Metropolitan City on the same day prior to the same day from the victim, and acquired it by fraud.

2. 2010. 4. 26.자 사기 피고인은 2010. 4. 26.경 전주시 완산구 중화산동에 있는 신협에서 피해자에게 “전에 빌려준 3,000만 원을 이미 도박장에 다 풀어놨다. 사실 3,000만 원은 너무 소액이라 수익을 내기 힘들다. 3,000만 원만 더 빌려주면 원금 회수도 빨리 되고 돈도 더 벌 수 있다. 전에 빌린 돈과 합하여 매월 80만 원씩 100일 동안 변제하여 주겠다.”는 취지로 거짓말을 하였다.

As such, the Defendant, by deceiving the victim, received 30 million won as the borrowed money from the victim, i.e., the victim from the seat, and acquired it by fraud.

3. On April 20, 2010, the Defendant made a false statement to the effect that, “If the Defendant borrowed money if any, it would lend the money to the victim, then he/she would make a repayment of KRW 40 million for a total of KRW 40 million per day for 100,000 per day,” the Defendant made a false statement to the effect that “if it lends 30,000 won to the victim, it would make a repayment of KRW 40,000 won per day.”

The Defendant, as such, deceiving the victim, deducts the victim with interest from the victim, and, in other words, from 14.9 million won on the pretext of the loan.

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