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(영문) 수원지방법원 안산지원 2020.03.11 2019고단4703
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The husband of Defendant B around 2004 provided personal training for the children of the victim C and he accumulated them with the victim. On February 201, 201, the Defendant borrowed KRW 5 million from the victim through Defendant A through Defendant B while taking advantage of the victim’s trust on repayment of KRW 6 million on February 28, 2011, and used the same to borrow money from the victim.

Around February 201, the Defendant collected money from a beneficiary and invested KRW 300 million in D, etc., but failed to recover it, caused economic difficulties, such as receiving demand for repayment from the surrounding area, and accordingly, the Defendant asked A to the effect that “it is difficult to pay interest as agreed upon even if the Defendant borrowed money from the victim, as well as that principal would not have any intent or ability to pay the amount of 5 million won borrowed from the victim, and it would be necessary for A to pay 600,000 won with interest of KRW 30,000,000,000 from the victim.”

On February 28, 2011, the Defendant: (a) falsely concluded that “The Defendant would pay KRW 15 million per month to the victim through the victim’s house located in Ansan-si, Ansan-si, the amount of KRW 5 million from the date of lending KRW 6 million to the other party; and (b) he/she received KRW 10 million from the victim on the same day; and (c) received remittance of KRW 15 million from the victim on March 10, 201, and received KRW 15 million in total.

2. Defendant A around November 10, 201, the fact at the home of the above victim was used by the victim for the purpose of aiding in collecting the victim’s claim against F even if he/she borrowed the credit card from the victim.

It is necessary to monitor the F so that the victim can receive all the money borrowed from the F even though he did not have any intention or ability to repay the credit card price later.

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