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(영문) 수원지방법원 성남지원 2014.11.28 2014고단1153
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 August 23, 2013, at around 19:00 on August 23, 2013, the Defendant: (a) placed the account passbook in the name of the Defendant with the balance of KRW 20,314,065 in the balance of the victim C as security; and (b) concluded that “A loan guarantee shall be given to the Plaintiff at the home and in lieu of the loan of the Gu within the family; (c) the Plaintiff, who borrowed KRW 15,00,000,000, shall be granted a loan from the bond company and repaid the loan again.”

However, in fact, the money deposited in the said Korean Investment Securities account in the name of the Defendant had already been entirely withdrawn from September 2012 and did not remain any balance. The Defendant did not have any particular property, except for the claim for the refund of the deposit of the house that was carried out monthly income at the time, and even if he borrowed money from the victim, he did not have any intent or ability to complete payment.

Accordingly, the Defendant, as seen above, was accused of the victim, and was transferred from the victim to the bank account in the name of the Defendant on August 26, 2013 to the bank account in the name of the Defendant.

2. On August 26, 2013, the Defendant told the victim C by phone calls, thereby making a false statement to the victim C, stating that “I need to pay money to the Plaintiff. If I lend KRW 10 million to the Plaintiff, I will also receive a loan.”

However, in fact, the Defendant did not have any particular property except for the claim for the repayment of the lease deposit of the house at the time of the month, and did not have any intent to repay the deposit, unlike the victim’s intent, even if he borrowed money from the victim, there was no intention or ability to pay the deposit even if he borrowed money from the victim.

Accordingly, the Defendant, as seen above, was accused of the victim, and was transferred from the victim to the bank account in the name of the Defendant on August 26, 2013 to the bank account in the name of the Defendant.

3. The Defendant, at around August 27, 2013, posted a phone to the victim C, with the victim C.

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