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(영문) 의정부지방법원 2013.06.12 2013고정133
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 2004, the Defendant concluded that the Defendant: (a) in a restaurant where it is difficult to know the trade name in the Dongbcheon-si, Gyeonggi-do, the Dongbcheon-si, “D” owned real estate at the market price equivalent to one billion, and there is no interest on the loan to operate a business at that place; (b) if the Plaintiff borrowed money, he would not pay the four husband’s death benefit to the interest and make it impossible for the Defendant to do so.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

On December 1, 2005, the Defendant received a total of 6,600,000 won from the victim on two occasions, including the amount of KRW 4.1 million on December 1, 2005, and KRW 2.5 million on December 30, 2005, and acquired it through the passbook (Account Number: E) in the name of the Defendant.

2. Around December 2007, the Defendant made a false statement to the effect that “a director must pay a security deposit, which is insufficient to pay a full security deposit,” at a restaurant with no knowledge of the trade name in Dong-gu, Dong-si, Dong-si, Gyeonggi-do.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

The Defendant, under the pretext of borrowing money from the victim, obtained a total of KRW 9.8 million, including KRW 4.9 million on December 14, 2007, and KRW 4.9 million on January 29, 2008 from the victim, through a passbook in the name of the Defendant’s child (Account Number: G).

3. On March 15, 2010, the Defendant made a false statement to the victim that “The purchase price of the real estate awarded by the children through an auction is insufficient, and the payment is to be made after three days.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

The Defendant, under the pretext of a loan from the victim, received a total of KRW 1,170,00,000,000 from the victim, including KRW 5 million on March 15, 2010, and KRW 6.7 million on March 18, 2010, in the name of the Defendant, through the head of agricultural bank (Account Number: E) under the name of the Defendant.

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