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(영문) 대전지방법원 홍성지원 2015.04.17 2015고단74
사기
Text

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

However, 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. Fraud against the victim B;

A. On April 2009, the Defendant stated that “The Defendant shall pay back the amount of 12 million won if he/she lends the amount of 12 million won to the Defendant,” at the D Motor Vehicle Industrial Agent Office located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.”

However, at the time, the Defendant did not pay the monthly rent of the above 10-month car industry company, and the Defendant, such as E, bears approximately KRW 20 million credit obligations, personal obligations worth KRW 20 million borrowed from the Defendant’s father or mother under the pretext of repayment of bonds, on the other hand, there was no particular property or income, and even if the Defendant borrowed KRW 12 million from the victim, there was no intention or ability to repay it within the same month.

Nevertheless, the Defendant, as well as a receipt of KRW 12 million in cash from the victim for the same day on the same day, by deceiving the victim in the same way as the loan, and received a total of KRW 41 million in cash around May 2009, and around July 15, 2009, a total of KRW 13 million in cash.

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

B. Around February 10, 2010, the Defendant stated that “the victim has a right to use money.” 4 million won may be loaned to the victim at the place indicated in the foregoing paragraph (a). If the Defendant is unable to repay within the second month, her mother will have to repay the time-to-face instead of having repaid the time-to-face.”

However, as described in the above paragraph (a), the Defendant did not have any intention or ability to repay even if he borrowed 4 million won from the victim.

Nevertheless, the defendant received 4 million won in cash from the victim on the same day as the loan money.

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

2. On February 201, 201, the Defendant, against the Victim F, committed fraud, with respect to the victim F, at the location described above 1-A (a).

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