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(영문) 청주지방법원 2017.09.20 2016고단2716
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1) On November 2013, the Defendant made a false statement to the Defendant’s home located in Seocho-gu, Cheongju-si, Cheongju-si, 127 Dong 505, that “The Defendant would have to make a payment for installment savings after 2-3 months from the loan of money,” by phoneing to the victim D.

However, in fact, the Defendant had a debt amounting to KRW 40 million at the time, and was in bad credit standing, and was unable to receive a loan as collateral, and thus, there was no intention or ability to repay the loan even if he borrowed money from the injured party.

Around November 27, 2013, the Defendant deceivings the victim as above and received KRW 2.5 million from the injured party as the borrowed money.

2) On December 2013, the Defendant made a false call to the victim D at the place above the end of December, 2013, stating that “The Defendant would make repayment two to three months after lending money.”

However, in fact, the Defendant had a debt amounting to KRW 40 million at the time, and was in bad credit standing, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

Defendant deceiving the victim as above and received KRW 7,400,00 from the victim as the loan money around January 3, 2014.

3) On February 2014, the Defendant made a false statement to the victim D that “The obligees find to be the company because they did not pay a loan, and the sum of the loan borrowed money prior to the loan was extended to the creditors, from September 2014 to September 4, 2014, the Defendant would pay KRW 450,000 per month.”

However, in fact, the Defendant had a debt amounting to KRW 40 million at the time, and was in bad credit standing, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

The defendant deceivings the victim as above and was delivered KRW 20 million to the victim as the loan money around February 17, 2014.

Summary of Evidence

Defendant’s legal statement (second.)

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