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(영문) 청주지방법원 2013.11.08 2013고단981
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 2010, the Defendant stated to the effect that “I want to make a withdrawal,” the Defendant lent KRW 10 million to the victim, “I would first repay the debt borrowed from a community credit cooperative, a company bank, to the extent that I would like to do so. I would pay 90 million won of retirement pay.”

However, even if the defendant receives a retirement allowance, he was planned to use the defendant's plan to repay his obligations to community credit cooperatives, and did not have the intent or ability to repay it even if he borrowed money from the victim.

Around May 17, 2010, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money and acquired it by deceiving the victim.

2. On September 2010, the Defendant called that “I will pay 17 million won without mold if I lend it to the victim because there is an urgent problem” by phoneing to the victim at an insular place.

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

Around September 13, 2010, the Defendant, by deceiving the victim as such, received KRW 17 million from the victim to the national bank account in the name of the Defendant as the borrowed money, and acquired it by deceiving the victim.

3. On September 2010, the Defendant called the victim’s phone at a place in which a police officer was not a police officer in the middle of 2010, stating to the effect that “The amount of 200 million won bonds have been written at the time of gambling, and because it is possible to sell money without resolution at this time.”

However, there was no fact that the defendant borrowed bonds by gambling, and even if he borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received from the victim, KRW 30 million from September 16, 201, and KRW 35.9 million from October 15, 201, from the national bank account under the name of the Defendant.

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