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(영문) 서울남부지방법원 2012.10.08 2012고단3095
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who operates a secondhand shop with the trade name Guro-gu Seoul Metropolitan Government C.

The Defendant, at the time, has reached approximately KRW 480,000,000 and monthly income was KRW 10,000,000,000, while the monthly income was KRW 50,000,000, and was appropriated for operating funds on the above property with the loan from the clients, and thus, even if he borrowed money from the victims, he did not have the intent or ability to repay the borrowed money. As such, the Defendant was willing to borrow money by using the fact that there was a abolition collected on the above property and there was an inside and outside of the victims, with the intention of the victims to take the loan and to obtain money by using the fact that the victims had no intention or ability to pay the borrowed money.

1. Fraud against victim D (83 years of age);

A. On September 27, 2011, the Defendant, at around 16:00 on the above C’s secondhand shop, concluded that “If the Defendant borrowed KRW 30 million to the victim, the principal shall be repaid six months after the payment of the principal, and the interest shall be paid KRW 1 million per month,” and that he/she acquired KRW 30 million from the victim on the same page as the borrowed money.”

B. On November 21, 2011, the Defendant made a false statement to the victim in the same manner at the same place, and acquired 30 million won from the victim’s place and acquired it by deception.

C. On March 13, 2012, the Defendant made a false statement to the victim in the same manner at the same place, and acquired 10 million won from the victim’s place and acquired it by deception.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 70 million through three times.

2. Fraud against victims E (73 years of age);

A. On or before December 3, 2011, the Defendant stated that “If the Defendant borrowed money due to lack of operating expenses on our property, he/she would pay interest during the said period, and would borrow money without a mold if he/she would be notified one month prior to the need to pay the money.”

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