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(영문) 춘천지방법원 속초지원 2016.10.19 2016고단69
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Around January 27, 2011, the criminal defendant against the victim C made a false statement to the effect that “The defendant would make payment after one month if he/she lent 1.5 million won to the victim’s house with the victim C, who was located in Seocho-si, Seocho-si, 104 and 206, to the person who was aware of the fact.”

However, at the time, the Defendant did not have any particular property, and there was no intention or ability to pay the amount after one month even if he received the money from the victim, since the Defendant was in a situation where he was liable to pay approximately KRW 10 million from the financial institution.

As above, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim in cash on the same day, and from that time, obtained a total of KRW 16,500,000 from June 17, 201 through eight times, as shown in the List of Offenses (1) from the time to June 17, 201, or got the victim to transfer it to the account in the name of E designated by the Defendant.

2. Around November 8, 2012, the Defendant against the victim F made a false statement to the effect that “The victim F, who used to work together in H Condo located in Gangwon-gun G, shall pay 200,000 won more than 20,000,000 won, and the interest rate shall be 10% higher.”

However, in fact, the Defendant did not have any particular property at the time, and received monthly 1.4 million won while working on the above container, but it was required to pay all of the Defendant’s debt and personal debt to the financial institutions at the time. Since the Defendant borrowed money from the victim to use it for personal debt repayment, there was no intention or ability to pay it 20 days after borrowing it from the victim.

The Defendant above.

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