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(영문) 수원지방법원 여주지원 2015.10.05 2015고단543
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B and the elementary school.

1. From the end of October 2013, the Defendant made a false statement to the effect that “The Defendant, at the D parking lot run by the Defendant in Ischeon-si, borrowed only KRW 10 million to lend money to the victim to the next E restaurant operator of the parking lot. If he/she lends money, he/she shall receive a loan certificate from the E restaurant operator and shall repay money after two to three months.”

However, even if the Defendant borrowed money from the victim, it was thought that it would be used as debt repayment and living expenses, and there was no other property and there was no intention or ability to repay the money borrowed from the agreed maturity due to the fact that the obligation is equivalent to KRW 600,000 to KRW 70,000.

Nevertheless, the Defendant received 9.2 million won, deducting 80,000 won from the victim's prior interest as the borrowed money, from the victim, to the NAF account in the name of the Defendant's fatherF.

2. On November 1, 2013, at the same place as indicated in paragraph (1), the Defendant, at the same time as indicated in paragraph (1), made a false statement to the effect that “A person, who purchased domestic and foreign loans by auction, planned to set a lease on a deposit basis with a deposit of KRW 50,000,000, and entered into a lease contract. If a successful bid price is a mother and a child, he/she would pay the deposit with the deposit and pay the deposit, and then he/she would repay the deposit to the money that he/she borrowed immediately before the lease.”

However, the defendant did not have been awarded a successful bid, and even if he borrowed money from the victim, he thought that he would use it as debt repayment and living expenses, etc., and he did not have the intention or ability to repay the borrowed money due to the same obligation as the stated in paragraph 1.

Nevertheless, the Defendant received 9.8 million won from the victim to the account of the New Cooperative Federation in the name of his/her father and wife.

3. The Defendant: (a) around January 7, 2014, at the same place as that indicated in paragraph (1) and at the same time, “the court shall have jurisdiction over the auction amounting to KRW 16 million.”

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