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(영문) 서울동부지방법원 2013.12.23 2012고단3221
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2012 Highest 3221]

1. Fraud;

A. On August 27, 2007, the criminal defendant against the victim C made a false statement to the effect that "F operated by the defendant's mother E in Gangdong-gu Seoul Metropolitan Government on August 27, 2007 shall be used only for one month if the victim C lends money to the victim C for 15 million won as it is necessary to engage in tegrative fishery."

However, in fact, the Defendant was liable for personal debt 10 million won, transaction partner material payment amounting to 50 million won, and 100 million won, such as employees’ smuggling and public charges, and thus, the Defendant did not have any intent or ability to repay the debt even if it was received from the victim.

Nevertheless, the Defendant, as above, was accused of the victim and received KRW 15 million from the victim as the borrowed money on the same day.

B. Around October 30, 2008, the Defendant against the victim G made a false statement to the effect that “Around October 30, 2008, the Defendant would pay monthly interest to the victim G with four copies of the monthly interest if he/she lends money to the victim G.”

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

Nevertheless, the Defendant, as seen above, was issued KRW 5 million in total over 45 times from April 17, 201, including by deceiving the victim and receiving KRW 5 million from the victim on the same day as the loan, until April 17, 2010.

C. On January 12, 2012, the Defendant against the victim H: (a) around 20:30, the Defendant would complete the tegrative construction for the said tegrative construction with the total construction cost of KRW 10 million from March 2, 2012 to March 18, 2012; and (b) to purchase TV, cooling, lag, laundry, etc. necessary for the collection of 50% after the remodeling work after the remodeling work.

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