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(영문) 서울북부지방법원 2013.09.12 2013고단1578
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and the judgment became final and conclusive on July 2, 2013.

1. On December 10, 2009, the Defendant: (a) on the part of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s 6th floor Mz Fire Branch D office borrowed money from the victim E even if he/she did not have an intent or ability to repay the money; (b) on the part of the victim, the Defendant made a false statement to the victim stating that “if he/she lends the money of 15 million won as he/she is short of the money of her parents, he/she will use it only for two months; and (c) he/she was transferred KRW 3 million on December 14, 2009 from the victim affiliated therewith to the agricultural bank account under the name of each Defendant; and (d) on January 6, 2010, the Defendant acquired it under the pretext of borrowing KRW 16 million from the victim, including that he/she received KRW 3 million from the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government on the part of the Defendant.

2. On March 9, 2010, the Defendant, despite having no intent or ability to repay money from the victim E even if he/she borrowed money from the victim E, he/she makes a false statement to the victim stating that “he/she was only making his/her payment, and he/she shall return part of the allowances he/she has received. If he/she borrowed the allowances to be returned to the company, 4.2 million won, he/she shall be repaid immediately, and he/she received 4.2 million won from the victim as the borrowed money, and acquired it by fraud.

3. On May 1, 2010, the Defendant, at the lower time in the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, did not have the intent or ability to pay the payment of the payment of the payment even if the Defendant received the payment of the payment from the victim E, acting as if he would pay the payment of the payment of the payment even if he received the payment of the payment, and he received 2.5 million won from the victim immediately as the payment of the payment of the payment.

4. The Defendant, at the location described in Paragraph 3 on September 2, 2010, wishes to pay a credit payment even if the victim E receives the time limit from the victim.

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