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(영문) 수원지방법원 성남지원 2015.01.29 2014고단2512
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around February 4, 2010, the Defendant made a false statement to the effect that “The Defendant, at the Defendant’s home located in Ansan-si Qtel, extended the amount of money to the Victim P, and received the said money from the Victim P, the Defendant would not be aware of the fact in her husband’s family. The Defendant borrowed the money to be paid. The Defendant would not cause damage to the Party, and would pay the money as soon as possible.”

However, in fact, the Defendant did not have any particular property, and there was no fixed amount of benefits that he was employed as an instructor of a Botrap or a computer driving school, and there was a lack of living expenses due to the lack of time. In order to act as a member of a multi-stage business, he purchased goods from other persons, but only reported losses as a member of a multi-stage business, while he was working as a member of a multi-stage business, and there was only thought that the Defendant used the money borrowed from the victim to pay off from other creditors or lending companies with the money borrowed from the victim to other creditors or lending companies, and therefore there was no obvious plan for repayment, so there was no intention or ability to pay the money borrowed from the victim.

Accordingly, the Defendant, as above, by deceiving the victim as above, obtained KRW 3,00,00 from the victim as the loan money on February 4, 2010, and acquired KRW 3,000 from the victim as the loan money, and acquired KRW 72,778,147 from the time to July 30, 2013, and acquired KRW 72,78,147 as the loan money as shown in the crime list.

2. On November 5, 2007, the criminal defendant against the victim R made a false statement to the effect that "the victim R is required to pay money under the name of living expenses, such as the purchase price of foodstuffs, the payment of cellular phone usage fees, the payment of taxes in arrears and health insurance premiums, and the release of seized head of the Tong." The defendant made a false statement to the effect that "the victim R will pay money as soon as possible within one week or one month."

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