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(영문) 창원지방법원 통영지원 2014.09.26 2014고단482
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2014 Highest 482"

1. Fraud against the victim C;

A. On October 12, 2007, the Defendant made a false statement that “F” operated by the Defendant in the E market located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) would lend money to the Defendant’s husband’s marriage expenses, the Defendant would pay two additional monthly interest, and immediately repay the principal upon the request of the Defendant.

However, at the time of fact, even if the Defendant borrowed money from the victim beyond KRW 40 million, the Defendant did not have the ability to pay the money when he borrowed money from the victim, and most of the borrowed money was thought to be used for the cost of living such as her husband's hospital expenses.

Nevertheless, the Defendant, by deceiving the victim as above, received on October 12, 2007, KRW 10 million from the victim to the account of community credit cooperatives under the name of the Defendant, and acquired it by fraud.

B. On July 28, 2010, the Defendant concluded that “F” in the “F operated by the Defendant in the E market located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) to the effect that “If he/she lends his/her housing construction expenses, he/she would pay the interest twice a month, and be paid immediately when he/she requests the repayment of the principal.”

However, at the time of fact, the Defendant did not have the ability to repay the personal debt to the branch even if he borrowed money from the victim more than 40 million won. The Defendant thought that the borrowed money was used as repayment of the personal debt.

Nevertheless, the Defendant, by deceiving the victim as above, received the money of KRW 10 million from the victim on July 28, 2010 from the victim to the account of community credit cooperatives under the name of the Defendant, and acquired it by fraud.

2. On December 23, 201, the defrauded of the Victim G: “F” operated by the Defendant in the E market located in Gwangjin-gu Seoul Special Metropolitan City on December 23, 201 to whom he/she was aware of the fact, shall pay one (1) interest per month to the previous owner if he/she lends KRW 20 million to him/her; and (2) he/she shall be repaid within two (2) months if he/she demands repayment.

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