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(영문) 의정부지방법원 고양지원 2012.11.02 2011고단1265
사기등
Text

A defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 700,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

"2011 Highest 1265"

1. On August 9, 2010, the Defendant: (a) stated on August 9, 2010, that “F office operated by the Victim E in Pakistan on Aug. 9, 2010, the Defendant used the victim’s “F office” that “the funds to be publicly executed by the G Apartment Women’s Association are urgently needed. In light of the circumstances, the Defendant cannot withdraw female funds at present; (b) the Defendant borrowed KRW 30 million to be repaid within the earlier time with the approval of the council of occupants’ representatives.”

However, at the time of fact, the defendant was unable to perform his duties, and there was no intention to use the money borrowed from the victim as the operating fund of the Women's Association, and even if he borrowed money from the victim due to lack of any other financial resources at the time, he did not have the intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received 30 million won from the victim to the H’s account, which is the seat of the Defendant, under the pretext of borrowing money from the victim.

2. On August 30, 2010, the Defendant committed fraud: (a) at the aforementioned place on August 30, 2010, the Defendant stated that “The purchase of an apartment was insufficient due to the occurrence of circumstances,” and that “the purchase of an apartment is not sufficient; (b) the purchase of an apartment does not complete any balance; and (c) if the purchase of an apartment is no longer due to the failure to pay any balance, the damage would occur if the purchase of the apartment was made; and (d) he would be deprived of the qualification of the father’s president. The borrowed money would be paid back within three months, and the payment would be paid immediately.”

However, at the time of fact, the defendant did not have any intention or ability to repay the money to the victim even if he borrowed money from the victim with no particular financial ability.

As such, the Defendant, by deceiving the victim, received 70 million won from the victim to the Defendant’s I’s account under the pretext of borrowing money from the victim.

3. The Defendant committed the crime of fraud on September 10, 2010, at the above place on September 10, 2010, raised money to the victim on September 10, 201, on September 10, 201.

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