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(영문) 서울동부지방법원 2013.10.10 2013고단1511
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 2011, the Defendant made a false statement to the victim E at the DB room operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City, stating that “If he/she lends money necessary to operate the DBS store, he/she would be repaid on June 25, 2013, which ends.”

However, in fact, the Defendant was a plan to lend money from the victim to any other person, who is not the victim, and there was no particular income other than 1.5 million won per month of the income from the beauty room at the time, and there was no other income, and even if the accounts already operated were to be refunded to the members, there was no intention or ability to repay the accounts even if the Defendant borrowed money from others.

On March 25, 2011, the Defendant received 9.7 million won from the victim in a deposit account of a community credit cooperative in the name of the Defendant on the pretext of a loan.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On March 2011, the Defendant made a false statement to the victim E at the place specified in paragraph 1, stating that “When the Defendant lends KRW 3 million to the victim E, KRW 100,000 per month interest shall be given, and the principal shall be repaid on June 25, 2013, which is the last day of the payment.”

However, at the time of borrowing the above money from the victim, the Defendant did not have any other income except 1.5 million won per month, and even if he borrowed money from others even though he borrowed money from others, the Defendant did not have any intention or ability to repay it.

On March 29, 2011, the Defendant received 2,90,000 won from the victim’s bank account in the name of the victim from the bank account in the name of the victim, using the account account of community credit cooperatives (Account Number G) in the name of the defendant.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

3. The Defendant shall make 400,000 won per unit to the victim E at the place specified in paragraph (1) around March 201.

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