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(영문) 수원지방법원 안산지원 2016.10.27 2015고단4184
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. From around December 2008, the Defendant recommended that “the Defendant shall join a fraternity that pays 12,000 won each month to the Defendant,” among the police officers on December 2, 2010, when he had known that the Defendant had the same swimming pool as the victim C and had been attending the same swimming pool as the victim C, and the victim paid 2,00,000 won each month to the account designated by the Defendant.

On December 20, 2011, the Defendant made a false statement to the victim that “The Defendant would use the fraternity that he/she would have to pay the money by paying it to the victim first and after paying it to the interest.”

However, the defendant did not have a certain occupation at the time, and due to her husband D's failure to pay taxes of 60 million won due to her husband D's failure to pay taxes of 50 million won, not only did he/she have been liable for debts of 50 million won, but also did not have an economic difficulty to the extent that health insurance premiums are not paid, but also did not have an intent or ability to pay the above money even if he/she borrowed money from the victim because he/she did not receive money from others.

After the Defendant’s false statement to the victim, the Defendant received KRW 33 million in cash, KRW 18 million in cash, and acquired KRW 15 million in total through a bank account in the name of Cho F, and acquired KRW 33 million in total.

2. On May 29, 2012, the Defendant made a false statement that “The Defendant would lend KRW 5 million as he/she needs to use the money so that he/she can do so, and he/she will pay the interest even after making a one-time loan to the victim.”

As seen earlier, the Defendant was not only without a certain occupation but also with economic difficulties, and the Defendant did not have any intent or ability to repay the money even if the Defendant borrowed the money from the victim because it was not paid the money for corporate games.

The Defendant, from the victim, is one bank in the name of Chok F on the same day.

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