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(영문) 창원지방법원 통영지원 2015.01.08 2014고단588
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the time of each of the following crimes, the Defendant was in arrears with loans equivalent to KRW 20,237,00,00, including the amount of a lotl Capital card, and even if he/she borrowed money from the victim by means of a bankruptcy petition on October 31, 2012 due to a debt of KRW 360,000,000,00,000, the Defendant did not have any intent or ability to repay the loan.

1. Around February 25, 2011, the Defendant made a false statement to the victim E, “If the Defendant lends KRW 20 million to pay a debt, such as a number of days of money, to the victim E, he/she would have to repay the amount of money to the party with the care of the party.” The Defendant received KRW 20 million in cash from the victim, namely, at the victim’s seat.

2. On June 27, 2011, the Defendant, at the front of the victim’s house located in Tong Young-si F, made a false statement to the victim stating that “If the victim’s house in Tong Young-si is in excess of auction, he/she would have to repay 25 million won interest, he/she would have to repay 25 million won interest.” The Defendant received from the victim, i.e., cash 25 million won.

3. On August 20, 201, the Defendant, at the above place, made a false statement to the victim stating that “If the Defendant lends KRW 5 million to the Party, he/she will pay interest on the money loaned to the Party, and the time limit for the extension, he/she shall be paid five million interest,” and that the Defendant received KRW 5 million from the victim, namely, in cash.

4. On September 9, 2011, the Defendant: (a) made a false statement to the victim that “The Defendant would have paid KRW 5 million interest at a five million interest-free loan to the Plaintiff at the same place; and (b) received KRW 5 million in cash from the victim, namely, at the victim’s seat.”

5. On September 19, 201, the Defendant, at the above place, concluded that “The Defendant shall pay interest on KRW 25 million to the Party, which was borrowed from June 27, 201, to the Party, and shall pay five million interest to the Party, if he/she borrowed KRW 5 million from the Party,” and received five million interest from the victim, namely, a delivery of KRW 5 million in cash.

Accordingly, the defendant deceivings the victim to total of KRW 60 million.

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