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(영문) 춘천지방법원 원주지원 2016.01.20 2015고단1007
사기등
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

On November 3, 2015, the Defendant was sentenced to one year to a suspended sentence of imprisonment with prison labor for the crime of injury, etc. in the Chuncheon District Court's original branch on April 3, 2015, and the said judgment became final and conclusive on November 11, 2015.

1. Fraud;

A. In the Gangseo-gu Seoul Metropolitan Government around April 2009, the Defendant stated that “A victim C is required to engage in a mobile phone-related business abroad, and 50 million won is to be repaid within three years from the loan of money, and if the Defendant made a mistake that he/she would have paid the money, he/she would not be able to do so even if he/she sold the land.” However, the Defendant did not have any intent or ability to pay the money even if he/she borrowed the money from the victim because he/she did not have any specific property at the time.

Nevertheless, on May 21, 2009, the defendant received 30 million won from the injured party under the name of the borrowed money on or around May 21, 2009, and received the same year.

6.4. A person who has been transferred KRW 10 million under the same name as the police officer in light of the same name;

B. On June 2009, the Defendant: (a) made a false statement to the victim via phone, stating that “on the face of money, and at present, there was a shortage of money to carry goods at the Incheon port; (b) if the Defendant borrowed the amount of KRW 20 million, he would have to repay the amount to one week; (c) however, the Defendant was in excess of the obligation at the time and did not have any particular property; and (d) thus, even if the Defendant borrowed the money from the damaged party, he did not have any intent or ability to repay the amount.

Nevertheless, on June 23, 2009, the Defendant received 10 million won from the injured party under the name of borrowed money on or around June 23, 2009, and received 2.1 million won under the same name on the 24th day of the same month.

(c)

On March 2010, the Defendant concluded that “the Defendant would make a loan and return money to the Defendant by telephone from the victim (i.e., the Defendant was in excess of the obligation at the time and did not have any particular property).” However, inasmuch as the Defendant did not borrow money from the victim, he/she would have expressed his/her intent or ability to repay the money even if borrowing money from the victim.

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