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(영문) 서울동부지방법원 2014.04.11 2013고단2272
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 26, 2009, the Defendant against the victim C made a false statement that “If the Defendant borrowed KRW 10 million under four in four names and borrowed to B the principal and interest on the principal and interest on the 10 million won out of the loan, the Defendant would pay to the victim all the principal and interest on the 14 billion won in the capital of the Gangnam-gu Seoul Metropolitan Government Office for the KTTwork 14 (State Property of the Republic of Korea was KRW 2 billion, but his father returned to his father, and the amount equivalent to KRW 200 million was succeeded to.”

However, in fact, at the time, the monthly income was 2 million won, and since the debt was 10 million won, the principal and the interest per month was paid and the amount of KRW 1.5 million per month was paid at the cost of living, there was no intention or ability to repay it properly even if it was borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 4.5 million won in cash from the victim, i.e., at the victim’s seat, from around that time to December 3, 2012, and received 35,833,000 won in cash or transferred to the national bank account in the name of the Defendant, as stated in the attached Table of Crimes (1) from around that time to December 3, 2012.

2. Around August 18, 2011, the Defendant: (a) concluded that, at the office of the office of the branch office of the KTTwork 14 (StateING Life) JING Life, the Defendant would not obtain a loan under the name of the Defendant by succeeding to the debt equivalent to KRW 200 million, while he/she returned to the State; (b) if he/she obtained a loan under the name of HN and borrowed money under the name of HNN, he/she would repay the principal and interest of the principal and interest without making up for it.”

However, in fact, the defendant did not have succeeded to his father's debt, and the defendant's monthly income at the time was less than 2 million won, and he borrowed money from the victim because he had a debt of more than 15 million won.

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