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(영문) 의정부지방법원 2016.02.26 2015고단2832
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On February 20, 2014, the Defendant was sentenced to a suspended sentence of ten months for criminal fraud at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and the said judgment became final and conclusive on February 28, 2014.

1. On December 3, 2010, the Defendant, around December 1, 2010, in the vicinity of D Mart located in Seoul Special Metropolitan City, Nowon-gu, the Defendant would pay the victim E a monthly interest of KRW 20 million and the principal within 2,3 months.

The phrase “ makes a false statement.”

However, the Defendant had no particular property or income at the time, and it was difficult for the Defendant to refund the deposit amount of KRW 20 million to the lessee under the name of F, and due to the Defendant’s failure to pay the deposit amount of KRW 80 million to the lessee, the Defendant was faced with difficulties in the management of the set. Therefore, the Defendant did not have any intent or ability to pay the principal and interest in accordance with the agreement even if he borrowed money from the damaged person.

Nevertheless, on December 3, 2010, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 20 million to the account of the Defendant’s G name bank account from the victim; and (c) acquired pecuniary benefits equivalent to the said amount.

2. On January 20, 2011, the Defendant, on January 20, 201, called the victim E from the adjoining land on January 20, 201, by phone, and “on the loan of KRW 3 million as much as it is necessary to pay the amount, 3% monthly interest shall be paid and within 2,3 months shall be repaid.

“The purpose of “ was to make a false statement.”

However, the Defendant had no particular property or income at the time, and there was a difficulty in the management of marina, such as not paying for the 80 million won price of marina goods. Therefore, even if the Defendant borrowed money from the injured party, he did not have an intention or ability to pay the principal and interest according to the agreement.

Nevertheless, the defendant deceivings the victim as above and receives 3 million won from the victim, namely, from the victim, to the Saemaul Treasury account in the name of the defendant, under the name of the defendant.

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