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(영문) 서울북부지방법원 2015.10.16 2014고단1783
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, who borrowed money, was in excess of KRW 20 million and did not have the intent or ability to pay the money from the victims even if he borrowed money from the victims due to the lack of a certain amount of income, but was willing to borrow money from his children, such as her natives, to use it for living expenses, debt repayment, etc.

Around February 8, 2013, the criminal defendant against the victim C made a false statement to the victim C, stating, “I will pay to the victim KRW 22 million after the month when I borrowed KRW 20 million.”

However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim as the borrowed money on the same day.

B. Around March 11, 2013, the criminal defendant against the victim D made a false statement to the victim D, stating that the victim D would pay money for the following month if he/she borrowed money.”

However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received money of KRW 10 million from the victim as the borrowed money on the same day.

C. On April 19, 2013, the Defendant made a false statement to the victim E at the branch of the monthly branch of Korea, Nowon-gu, Seoul Special Metropolitan City, the monthly branch of the bank, stating that “I need to pay money. I will use only one month if I lend KRW 6 million, and be paid in 10,000.” However, even if I have borrowed money from the victim, I did not have the intent or ability to pay it. As such, the Defendant, by deceiving the victim, received KRW 3 million on the same day from the victim as the borrowed money, and received KRW 6 million on April 22, 2013, transferred KRW 300,000 in total from the victim on April 22, 2013, and received KRW 6 million on May 4, 2013.

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