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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2464
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 2015, the Defendant made a false statement to the victim B, “In order to prepare a team lodging at the time when money is insufficient to lend money to the victim B, he/she shall prepare a lodging house and return the deposit money as the lease term expires.”

However, the Defendant did not have a regular income at the time of the instant case, and there was no money to pay the monthly income of KRW 750,000 at the said accommodation, and if the monthly income is not paid, it was known that the amount equivalent to the same amount was deducted from a security deposit, and thus, it was impossible to repay the borrowed amount to the victim even if the lease term expires, and thus, there was no intention or ability to repay

Ultimately, on August 31, 2015, the Defendant deceptioned the victim as above, and acquired money from the victim through the Saemaul Treasury Account (C) in the name of the Defendant from the Saemaeul Fund account in the name of the Defendant.

2. On December 2015, the Defendant made a false statement that “If the Defendant borrowed money from the Defendant, at a shipbuilding establishment in Agudong-dong-si, medical institutions with a low credit rating, it is difficult to obtain an additional loan due to a low credit rating, the Defendant would receive an additional loan by raising the credit rating after paying the existing loan and receiving an additional loan.”

However, in fact, the Defendant was thought to use some of the money as a living expense by receiving the money from the injured party, and there was no idea to receive additional loans even if the existing loans were repaid, and the Defendant did not have a regular income at the time, and there was no financial institution’s obligation to pay approximately four million won, and thus there was no intention or ability to repay the money even if he borrowed the money from the injured party.

Ultimately, the Defendant deceivings the victim as above, and up to January 29, 2016 to the bank account (D) account in the name of the Defendant from the victim, KRW 5 million around January 30, 2016, KRW 5 million around January 30, 2016, KRW 5 million around January 31, 2016, and around February 1, 2016.

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