(영문) 서울동부지방법원 2014.10.10 2014고단2527

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(영문) 서울동부지방법원 2014.10.10 2014고단2527

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On July 3, 2014, the Defendant was sentenced to four years of imprisonment for fraud at the Seoul Eastern District Court, and is currently pending in the appeal court.

1. Around October 17, 2011, the Defendant made a false statement to the victim AS, stating, “AS shall be paid with interest on two occasions a month if he/she borrowed money, and he/she shall be paid with no money within several months.”

However, in fact, the Defendant had no intention or ability to pay the fraternity even if he borrowed money from the victim because the Plaintiff did not pay the fraternity money properly while operating the fraternity, the Defendant paid the fraternity money from another person, and the Defendant was in a situation where he borrowed money from another person to repay the borrowed money again, etc.

As such, the Defendant, as stated in the separate crime list from around June 17, 2013, received a total of KRW 410 million from 3 victims over 11 times, as stated in the victim’s list, by deceiving the victim and receiving KRW 70 million from the victim who was in its possession.

2. Around May 20, 2012, the Defendant made a false statement to the effect that “AT in the residence of the victim AT located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant entered the 18-Gu unit of 51 million won unit of 18-gu unit of 51 million won per month to operate the 20-day unit of 18-year unit of 18-year unit of 51 million won, and would pay the fraternity without a mold.”

However, the facts are that the defendant did not have the intention or ability to pay the fraternity normally even if he did not receive the fraternity payment from the victim, based on the interest that the defendant had a debt of 2 billion won at the time and bears for one month.

The Defendant, as such, by deceiving the victim, received 3 million won per month from the above date and time to August 20, 2013, a total of 48 million won per month between the victim and the victim, from the above date and time to August 20, 2013.

Summary of Evidence

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