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(영문) 서울동부지방법원 2014.02.19 2013고단1213
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On April 5, 2011, the Defendant made a false statement to the victim C in the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City on April 5, 201, stating that “If the Defendant borrowed money, it is necessary to open a store in the United States, it shall be used for 3-4 days and shall pay interest of 10% and shall be repaid within a week.”

However, at the time, the Defendant was planning to lend money to the Defendant for the bond of KRW 600-70 million, and there was no intention or ability to pay interest or to repay the borrowed money within one week as agreed to by the victim.

Around April 7, 2011, the Defendant, by deceiving the victim, received KRW 12 million in total from the new bank account under the name of the Defendant and KRW 2 million in total from the same account around April 9, 2011.

B. On July 19, 2011, the Defendant made a false statement that “The Defendant would transfer the leased deposit claim to the lessee with KRW 85 million from the lessor at the Fumpo Office for the Operation of the Victim E located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant would transfer the right to return the lease deposit to the lessee. The Defendant would repay the deposit within one month if he/she borrowed KRW 5 million.”

However, in fact, the defendant only paid a monthly rent of KRW 10 million to the lessor, and there was no such claim for the return of the lease deposit, and there was no intention or ability to repay KRW 5 million within one month.

As such, the Defendant, by deceiving the victim, was given KRW 5 million in cash from the victim, to the contrary, at the seat of the victim.

2. On April 201, the Defendant: (a) was unable to repay KRW 12 million borrowed from C in early April 201; (b) received a demand for reimbursement; (c) deceiving the said C as if there was a security deposit for real estate lease; and (d) had the intent to punish the period of reimbursement.

The defendant who forged private documents is in the residence of the suspect in Gwangjin-gu Seoul Special Metropolitan City around July 201.

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