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(영문) 부산지방법원 동부지원 2015.07.15 2014고단791
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From July 20, 2007, the Defendant entered into a contract for leasing a house located in Seongdong-gu Seoul Metropolitan Government D with the victim C from July 20, 2007, and became aware of it with the victim.

1. On October 1, 2007, the Defendant joined the number system organized by the victim at the home of the victim in Seongdong-gu Seoul, Seongdong-gu.

However, the Defendant did not pay the monthly income in approximately KRW 7,30,000,00,00 for the Defendant’s debt amounting to KRW 2,300,000,000 and did not pay the monthly interest of KRW 1,60,000,000 for the Defendant’s debt. Thus, even if the Defendant received the said credit amount without the intent or ability to pay the credit amount and subscribed to the said serial system with the intent to pay the said interest, the Defendant was able to faithfully pay the credit amount, and the Defendant was remitted from the victim to the account of F’s national bank as his/her his/her father around October 30, 207.

2. On March 30, 2008, the Defendant joined the number system organized by the victim at the home of the above victim.

However, as described in paragraph (1), although the Defendant received a fraternity without the intent or ability to pay the fraternity, and subscribed to the above serial system to pay interest on the loan, it was committed as if he faithfully pays the fraternity, and it was issued from the victim’s house on March 30, 2008 to receive KRW 10 million from the victim’s house as a fraternity.

3. On July 25, 2008, when the Defendant sold the leased house from the victim to leave before the expiration of the lease contract, the Defendant made a false statement to the effect that, if he/she additionally lent KRW 5 million to the victim (the Defendant) in addition to the deposit to be returned to the victim, he/she would have to pay the interest and principal of KRW 2% per month from his/her profits by operating the commemorative restaurant at his/her children in Gangnam-gu, Seoul.

However, at the time of fact, the defendant did not have any particular income, and approximately KRW 2.3 million monthly interest rate of KRW 1.6 million is KRW 1.6 million.

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