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(영문) 수원지방법원 여주지원 2013.08.23 2013고단197
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, who was working as an insurance solicitor from around 208, had been using a large amount of money equivalent to 10% per month in the bad credit standing, and had been unable to pay money due to bonds interest, etc., he was willing to conceal the above financial status and, as such, had the victim C, who is a workplace rent, by deceiving him to acquire money from him.

1. Around August 26, 2010, the Defendant stated that “Around August 26, 2010, the Defendant would pay money to the victim C” from the agricultural cooperative located in Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Seoul, “It is urgently required. It is expected that the apartment will be disposed of within one month at the latest, and there is no difficulty in repaying the proceeds of disposal

However, in fact, the suspect has already received the advance payment except approximately KRW 24677,00,000 among apartment deposit worth KRW 90,000,000, and there was no intention or ability to pay the money within one month as explained by the victim because there was no other asset in bad credit standing.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim on August 26, 2010, KRW 10 million on September 3, 2010, and KRW 15.6 million on October 2, 2010.

2. On November 5, 2010, the Defendant made a false statement to the victim C at a cafeteria located in the Gyeonggi Pyeong-gun, Gyeonggi-gun, Incheon-do Office, stating that “If a credit card is lent, only one month will be used, and the amount of use will be responsible and repaid.”

However, in fact, the suspect did not have the intention or ability to pay the credit card fee as explained by the victim because there was no other asset in bad credit standing, or to return the card within one month. Rather, the suspect continued to use the card in order to pay the existing debt repayment, living expenses, etc.

The defendant deceivings the victim as above, and is a new bank in the name of the victim on the same day from the victim.

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