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(영문) 수원지방법원 여주지원 2019.08.20 2019고단554
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant is a person who is in a de facto marital relationship with the victim B and the victim C's father D.

1. Around January 2011, the Defendant committed the crime of March 3, 2011 stated to the effect that “A victim B, in the victim’s residence located in the apartment of Namyang-si, Namyang-si, took more than KRW 100,000 of the internal F (victim’s first child)’s repayment of his/her obligations, and thus, he/she instead requested compensation.”

However, the defendant did not pay the F in lieu of the F's obligation.

Around March 3, 2011, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 70 million from the Agricultural Cooperative Account (G) in the name of the victim; and (c) obtained a delivery of KRW 70 million from the victim by personal means after obtaining a passbook, seal, etc. in the said account from the victim; and (d) received the said KRW 70 million from the victim.

2. On November 17, 2011, the Defendant stated that “The Defendant lent KRW 20 million to the victim C (the victim’s second child) at the place indicated in the above paragraph (1) to the victim C at the place indicated in the above paragraph (1).”

However, the defendant did not lend 20 million won to H.

Around November 17, 2011, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant.

3. From March 18, 2013 and April 12, 2013, the Defendant told the victim B to leave a warehouse at the place indicated in the foregoing paragraph (1) at the victim B’s location. Around October 2012, the Defendant stated to the effect that “I will leave a warehouse on the land J in the Namyang-si, Namyang-si, the Republic of Korea owns. If there is a warehouse, I can only take monthly rent and may live in the old. I send money needed for warehouse construction materials and construction costs.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to build a warehouse on the land owned by the victim.

The Defendant, as above, deceiving the victim, and caused the victim to do so, at around March 18, 2013, with the agricultural bank account (G) in the name of the victim, KRW 10 million, and April 12, 2013.

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