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(영문) 서울남부지방법원 2016.07.07 2016고단1298
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 2014, the Defendant: (a) at the rest room of “C hospital” located in Guro-gu Seoul Metropolitan Government, the Defendant purchased materials from her husband as a result of the purchase of the materials to the victim D, which caused the cleaning of the same hospital; (b) but (c) if the disposal is delayed due to the lack of business operation funds, the Defendant extended KRW 20,000,000 to 20,000 won per month; and (d) after one year, the principal will also be repaid.

The term "highly false statements" were made.

However, the facts are that the defendant bears the bonds equivalent to KRW 50 million without any particular property or income, and the husband of the defendant had no particular income for five years prior to the business depression. The defendant's husband was in arrears for one year from the end of the month in which 600,000 won was paid each month, and he was thought to use the borrowed money as bond repayment and living expenses, etc. from the victim, so the defendant did not have any intention or ability to repay the borrowed money as promised to the victim.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the injured party under the pretext of the loan around April 1, 2014.

2. On May 23, 2014, the Defendant: (a) around the closure room of “C hospital” as stated in paragraph (1) of the said paragraph, there is a lack of KRW 30 million in seeking an officetel to have the victim D majored in art; and (b) to be used as a work room, etc.

It is necessary to make a contract rapidly.

If a person lends money to him/her until November 2014, which has a place to receive KRW 30 million, he/she will complete all of his/her payment.

“A false statement” was made.

However, the facts are that the defendant bears bonds worth KRW 50 million without any particular property or income, and the husband of the defendant had no particular income since five years prior to the business depression. The defendant's husband was in arrears for one year from the end of the month in which 600,000 won was paid each month, and he was thought to use the money as bond repayment, monthly tax payment, living expenses, etc. from the victim, so the defendant is the victim.

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