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Reasons
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(영문) 서울서부지방법원 2016.10.28 2016고단807
사기
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A defendant shall be punished by imprisonment for six months.

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

1. Around June 2013, the Defendant: (a) made a false statement to the victim C, “E” located in Yongsan-gu Seoul Metropolitan Government, stating that “The 18 persons subscribed to two accounts for the extension of 17 occasions; (b) a total of 9 million won per month from June 2013 to September 2014, the Defendant may receive KRW 1,70,000,000,000,000,000 won per month; (c) thus, the Defendant would provide the extension of the time limit instead of providing the extension.”

However, the Defendant merely subscribed to one account for the extension of KRW 10,00,000 from F to repay the loan. At the time, the Defendant did not have any particular income or property other than KRW 1.6 million, but did not have any obligation due to the Defendant’s obligation to the above F, such as KRW 30,000,00 and KRW 20,000,000,000,000 for credit card companies. Therefore, even if the Defendant received the above time limit deposit from the victim, the Defendant did not have any intent or ability to pay the said time limit deposit as the time limit deposit.

The Defendant received KRW 9 million from the victim on June 2013 to September 18, 2014, as indicated in the list of crimes, on 13 occasions, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 2014, the Defendant entered into a false statement with the victim C, stating that “The Defendant would pay money within one week if he/she lends money to the victim C.”

However, the Defendant did not have any intent or ability to repay the above even if he borrowed money from the victim because the Defendant was in excess of his obligation as above.

The Defendant received 2,550,000 won from the victim as a loan, around May 16, 2014, from the victim. On or around September 18, 2014, by deceiving the victim by means of the said method as above, and received 2 million won as a loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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