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(영문) 서울중앙지방법원 2015.06.03 2015고단1204
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. A. Around December 2012, the Defendant made a false statement to the victim C, stating, “A prompt need to pay money to the victim C” (around December 2012, 200,000 won, 2.0 million won, each of which has been reduced to KRW 2 months).”

However, at the time, the Defendant did not have any particular property or income, and was liable for 100 million won, and the Defendant borrowed the money in so-called so-called money to repay the existing debt, so there was no intention or ability to repay the money as agreed even if he borrowed the money from the victim.

Around December 26, 2012, the Defendant, by deceiving the victim as above, received 1850,000 won from the victim after deducting interest from the account of community credit cooperatives under the name of the Defendant.

B. Around August 22, 2013, the Defendant: (a) falsely concluded that the Defendant paid the price to the victim within the number of days from the gold bank operated by the said victim C located in Dongjak-gu Seoul Metropolitan Government D; (b) purchased one 14 K mp equivalent to KRW 850,000,000; and (c) purchased one 14K mp equivalent to KRW 500,000,000,000 around the 30th day of the same month.

However, at the time, the Defendant did not have any particular property or income and did not lend money to the so-called return, and thus, the Defendant did not have any intention or ability to pay the price even if he purchased precious metals from the victim.

As above, the Defendant, by deceiving the victim, was issued with precious metal equivalent to KRW 2,850,00.

2. Around July 2012, the Defendant made a false statement to the Victim F that “The Defendant would make payment with installment savings in every month, if he/she lends money at the expense of his/her father’s clinic, with an installment savings of KRW 600,000 per month.”

However, at the time, the Defendant did not have any particular property or income and did not lend money to the so-called return, and thus, the Defendant was thought to use the money to repay the existing debt from the victim, and there was no intention or ability to repay the borrowed money to the victim.

The Defendant deceivings the victim as above.

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