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(영문) 전주지방법원 2013.06.20 2013고단653
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant became a bad credit holder due to her husband’s failure to repay 200 million won to financial institutions in spring on 2005, and the Defendant was unable to repay the principal and interest amounting to KRW 167.5 million, including the loan obligation of KRW 37.5 million to the Jeonju Credit Union that was borne by around 2007, and the interest in arrears increased and the Defendant was urged to repay the debt, and thus, there was no other person’s ability or intent to repay the debt even if he borrowed the money.

1. Around December 1, 2010, the Defendant concluded that, at the home of the victim D, the Defendant loaned money to the other party who runs the building business, “on February 2, 2011, the Defendant would receive KRW 200 million per annum from the bank from February 201, 201, if the Defendant borrowed KRW 20 million.”

As above, the Defendant received 20 million won through the Defendant’s account two times in the name of the same day borrowed from the victim, making a false statement as above, and received from the victim.

2. On December 2010, the Defendant made a false statement that “The Defendant would pay high interest to the victim” to the victim at the home of the victim, and that “the Defendant would lend 20 million won to the victim.”

On January 4, 2011, the Defendant received a remittance of KRW 20 million from the victim’s account as the borrowed money with the Defendant’s account on January 4, 201.

3. On April 201, 201, the Defendant: (a) transferred the victim’s house to a police officer with the title of 30 million won from the Plaintiff’s house; and (b) made a false statement on the part of the victim, stating that “The Defendant would transfer the interest in arrears to the victim if he/she lends 30 million won. If he/she did not repay the interest in arrears, he/she would also lend 5 million won so that he/she can pay the interest in arrears.

On April 20, 201, the Defendant received KRW 5 million from the Defendant’s account under the pretext of a loan borrowed on April 20, 201.

As above, the Defendant acquired a total of KRW 45 million from the victim on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness;

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