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(영문) 춘천지방법원 2013.10.31 2013고단112
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 2, 2009, the Defendant made a false statement to the victim E, “If he operates Internet shopping mall, and loans KRW 20 million due to the shortage of the cost and expenses for the purchase of goods, he/she will use it for one year, and make a repayment of interest at KRW 1 million per month, and set up a right to collateral security on an apartment located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and under his/her name as collateral, to the apartment located in Dong-gu, Incheon.”

However, at the time, the Defendant did not pay a debt of approximately KRW 20 million to a financial institution and did not pay a debt of KRW 20 million. The Defendant paid a debt of KRW 1.3 million per month to interest on the debt of KRW 20 million. However, the Internet shopping mall business did not make profits in the state of enemy, and even if he borrowed money from the victim, the principal was not able to pay a debt of KRW 20 million, and the Defendant would not pay a debt of KRW 1.3 million as security.

The apartment house in the name of the former East F has already been set up in the community credit cooperatives as a collateral right of KRW 182,00,000 to the community credit cooperatives, and it has been seized by Incheon City.

Nevertheless, the Defendant deceiving the victim as above and received 20 million won from the victim, i.e., the victim.

2. On February 23, 2009, the Defendant stated that “The Defendant would pay KRW 250,000 per month interest to the victim, if he/she borrowed KRW 5,00,000 as he/she did not have any house to be the director of the Gu, and he/she did not have any house to be paid to the Plaintiff.”

However, even if the defendant borrowed money from the victim even though he did not have the ability to repay it, as described in Paragraph 1, the defendant deceivings the victim and received five million won from the victim.

Accordingly, the defendant obtained a total of KRW 25 million from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. An inquiry letter into credit information;

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