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(영문) 서울서부지방법원 2016.11.04 2016고단1502
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. Around February 22, 2011, the Defendant made a false statement to the effect that “A victim E employed in Yongsan-gu Seoul Metropolitan Government is employed as a real estate brokerage assistant, and upon the receipt of a real estate brokerage office, the Defendant may be punished by a fine of at least KRW 500,000 per month. If the Defendant borrowed KRW 25 million, the Defendant will pay interest of KRW 1 million per month.”

However, the Defendant was unable to accept the real estate brokerage office due to the lack of a licensed real estate agent qualification, and was able to repay the Defendant’s debt with the money borrowed from the victim. In addition, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the principal and interest.

Ultimately, the Defendant, by deceiving the victim as above, received the total amount of KRW 10 million from the victim, KRW 5 million from March 29, 201, KRW 10 million from March 27, 201, and KRW 25 million from May 27, 201, respectively, for the purpose of receiving remittance.

2. On May 201, the Defendant made a false statement to the victim E’s residence located in the Gandong-si Si Simndong-si on May 201, stating, “I need to urgently pay money to the victim for business purposes, which means that “I will pay interest on two (2) a month and pay the principal within six (6) months.”

However, in fact, the Defendant had the intent to repay the Defendant’s debt with the money borrowed from the victim, and there was no intention or ability to repay the principal and interest even if the Defendant borrowed money from the victim, such as the amount of personal debt of KRW 200 million.

Ultimately, the Defendant, as above, deceiving the victim as above, and thereby deceiving the victim, KRW 10 million from the victim on June 21, 201, KRW 4977 million on September 21, 201, KRW 13 million on April 30, 2012, and KRW 2970,000 on May 5, 201, respectively.

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