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(영문) 서울북부지방법원 2016.05.26 2015고단4721
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. From February 26, 2015 to February 27, 2015, the Defendant committed the crime at around February 26, 2015, on the front day of the Seoul Western-gu, Seoul, and on the front day of February 2015, with the victim C, “Any money loaned at a high interest rate, and KRW 20 million is loaned to the victim C, and repayment is made immediately after 2-3 weeks after receiving a loan from the low interest rate product.

If the money is not paid immediately, the apartment and the motor vehicle shall be sold and sold.

“.......”

However, the defendant did not own apartment and did not own any other property, and there was no intention or ability to repay money from the damaged party, such as lending and credit card payment amounting to 60 million won or more, and paying the vehicle installments amounting to 30 million won or more.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) wired the victim to the Defendant’s national bank account on February 26, 2015; (c) KRW 20,000,000,000, including KRW 10 million on February 27, 2015, from the victim to the Defendant’s national bank account.

B. On September 21, 2015, the Defendant of the crime committed around September 21, 2015, at the place of the preceding paragraph on September 21, 2015, and at the location of the victim, “a loan of KRW 10 million to the victim,” and at the low interest rate business operator’s loan, shall be repaid as soon as possible.

If he/she fails to pay the money, he/she shall pay 2 million won per month from the monthly payment.

“.......”

However, as above, the defendant did not have any particular property, and at least 60 million won such as the loan, etc., he was only liable for the installment of the vehicle, including about 30 million won, and as a considerable portion of the revenue was disbursed for the repayment of the principal and interest of the existing debt, there was no intention or ability to repay the money from the victim.

Nevertheless, the defendant deceivings the victim as above and took over KRW 10,00,000 from the victim to the single bank account of the defendant on September 21, 2015.

2. On June 2, 2015, the Defendant for the crime against the victim E has the right to use the money to the victim E in advance of the F location in the Jung-gu Seoul Metropolitan Government.

On the other hand, 3 million won is loaned in the name of the party.

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