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(영문) 서울남부지방법원 2014.05.20 2014고단868
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2009, the criminal defendant against the victim C made a false statement to the victim C, stating, “The cost of taking out the family in North Korea is necessary. If the money is lent, it shall be repaid once a year, and 10% interest per month shall be paid.”

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the victim, such as lending money from the victim, because it is difficult to cover living expenses and insurance premiums with monthly wage of KRW 1.2 million at the time.

As such, the Defendant, by deceiving the victim, received 6.4 million won from the victim to the agricultural bank passbook in the name of the defendant on the same day, and fraudulently acquired it.

2. On July 2009, the criminal defendant against the victim F made a false statement to the victim F, stating, “The victim F is in need of money to take out his/her family in North Korea. If he/she borrowed money, he/she will pay 10% interest per month after one year.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim as stated in the preceding paragraph.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim around that time, and acquired it by fraud.

3. Fraud against victim G;

A. On August 2009, the Defendant made a false statement to the victim G’s house located in Gangseo-gu Seoul Metropolitan Government H Apartment apartment 104 Dong 103, 2009, stating that “The Defendant would pay 10% interest per month after one year if he/she borrowed money.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim as stated in the preceding paragraph.

The defendant deceivings the victim as such, and is issued 6 million won by the victim around that time.

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