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(영문) 의정부지방법원 2012.10.23 2012고단2073
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor at the District Court for fraud, which became final and conclusive on November 10, 201.

[2012 Highest 2073] Defendant has already been liable for a large amount of debt, and the Defendant did not have any intent or ability to repay money with a new loan;

1. Around 15:00 on June 21, 2009, the daily amount of KRW 10 million is transferred to the Korean bank account in the name of the defendant on June 23, 2009 to the same account on June 26, 2009, the daily amount of KRW 1,000,000,000,000,000 is transferred to the same account on June 26, 2009 to the victim D, and the victim, who, in turn, borrowed money to the same account in the name of the defendant on June 23, 2009.

2. Around 15:00 on February 28, 2010, 2010, the victim would return KRW 5,500,000 to the victim’s “4.5 million if he/she loans more than 4.5 million,” and the victim would have borrowed 10,000,000 won in a lump sum before he/she borrowed 10,000,000 won, and the victim acquired 4.5 million won from the victim’s place;

3. Around September 10, 2010, at the same place as Paragraph 2, a false statement that “if the last three million won is loaned, including KRW 14.5 million borrowed first until October 15, 2010, all of KRW 17.5 million shall be repaid” was obtained from the victim, and the victim shall receive KRW 3 million from the victim.

[2012 Highest 2131] The Defendant introduced travel visitors to the travel agency and received fees. On May 22, 2011, the Dongdaemun-gu Seoul Dongdaemun-gu Seoul F supervision Association concluded that “If the Defendant lends money to the victim G with the travel expenses, the Defendant will repay the money by the end of the month.”

However, in fact, the Defendant did not have any intention or ability to repay money, as the Defendant had an obligation to pay up to KRW 100 million, and the Defendant had no intention or ability to pay the money because of the circumstances such as the fact that the travel expenses already concluded are the mother and child of the contract.

The defendant deceivings the same victim.

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