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(영문) 서울중앙지방법원 2014.02.07 2013고단5807
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 13, 2010, the Defendant made a false statement to the effect that “If the victim borrowed 20 million won as he/she needs to pay money due to living expenses, etc., he/she will pay interest of 1.5% per month and pay it without fail,” before the victim’s house in Dongdaemun-gu Seoul Metropolitan Government B apartment 102 Dong 521, Dong 521.

However, the defendant did not have the intent or ability to repay the amount even if he borrowed the amount from the victim because he did not have any other income. The defendant did not have any intention or ability to repay the amount because he did not have any obligation to pay the credit card price equivalent to 45 million won at the time, the defendant established the right to collateral security in Jongno-gu Seoul Metropolitan Government D

As above, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim to the new bank account (Account Number: E) in the name of the defendant under the name of the victim as the borrowed money on the same day.

2. On April 13, 2010, the Defendant made a false statement to the effect that “The Defendant would pay interest of 1.5% per month if he/she lends 10 million won to the victim before the victim’s house.”

However, even if the defendant borrowed the money from the victim as provided in the preceding paragraph, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the above new bank account as the loan money on the same day.

3. On April 3, 2012, the Defendant made a false statement to the effect that “Around the victim’s house, the Defendant would pay interest of KRW 1.5% per month when he/she loans KRW 10 million as he/she is likely to do so, and if he/she sells it, he/she will pay it without fail.”

However, the defendant did not have the intent or ability to pay the amount even if he borrowed the amount from the victim because he did not have any other income. The defendant did not have any intention or ability to pay the amount.

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