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(영문) 서울북부지방법원 2020.06.11 2018고단4709
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

To the extent that it does not disadvantage the defendant's exercise of his/her right to defense, the facts charged are partially modified and recognized.

1. Co-Defendant B and Co-Defendant B (Dismissal of Public Prosecution on November 12, 2019) came to know that Co-Defendant B and Co-Defendant B had become aware of the victim D while engaging in the activities of the committee for the removal of the housing reconstruction zone in Jung-gu Seoul Metropolitan Government.

On October 25, 2016, Co-defendant B stated, “The Government shall return the deposits to the local revenue office located in the Government” to the victim at the office of the above Countermeasure Committee in Jung-gu Seoul, Jung-gu, Seoul, the Defendant stated that “The Government shall lend KRW 3 million, one month, and one month, as the money needs to be paid.” The Defendant stated that “The Defendant shall lend the victim KRW 3 million,000,000,000,000 to the other party.”

However, the defendant and co-defendant B did not have leased real estate at the time of the government, so the deposit to be returned to the lessee was not required, and even if they borrowed money from the victim, they did not have the intention or ability to repay within the agreed time limit.

The Defendant and Co-Defendant B, as such, made a false statement to the victim and received from the victim KRW 3 million around October 25, 2016 and KRW 6 million in total from October 27, 2016.

Accordingly, the defendant, in collusion with Co-Defendant B, received property by deceiving the victim.

2. Around December 2016, the Defendant’s sole criminal defendant stated that “I would pay I would pay I would pay I one million won after lending I would pay I would like to I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would like to.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay within the agreed time limit.

The Defendant, as such, makes a false statement to the victim, and from the victim on December 15, 2016, KRW 1 million is paid from the victim as the borrowed money.

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