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(영문) 수원지방법원 안양지원 2015.08.12 2015고단637
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 2013, 2013, the fraud Defendant made a false statement to the effect that “The Defendant would not cause damage to the victim C, who was satisfing in Ansan-gu, Mayang-si, Mayang-si, Mayang-si, with the intention of having the victim C, who was satisfing in his/her house before funeral, and who was satfing with the joint and several sureties,

However, in fact, the Defendant’s joint and several liability was required for a loan to repay money in entertainment expenses, and the Defendant’s false statement is likely to not accept the victim’s true statement. At the time, the Defendant was liable for a total of KRW 40 million from financial institutions, such as a lending company, etc., under the circumstances where there was no particular property, and was under pressure from several lending companies in arrears, and the Defendant did not have the ability to repay the principal obligation due to economic difficulties in so-called “competing”.

On August 26, 2013, the Defendant, by deceiving the victim, caused the victim to stand a joint and several surety for the Defendant’s loan obligations at each lending business office located in four places of lending around August 26, 2013. On December 28, 2014, the Defendant, on December 28, 2014, had the victim repay the amount of KRW 2.5 million to the future recreation loan that is one of the above lending business entities.

2. Around December 2013, 2013, the fraud Defendant called the same victim’s phone at the Defendant’s workplace located in Geumcheon-gu Seoul Metropolitan Government D, Geumcheon-gu, Seoul, that “Around December 2013, the Defendant would lend KRW 10 million to the same victim and complete payment within three to four months.”

However, the defendant did not have the ability to repay the money within the time limit which was promised, even if he borrowed the money from the victim due to the circumstances described in the preceding paragraph.

As above, the Defendant, by deceiving the victim and deceiving the victim, received KRW 5 million from the victim on December 9, 2013, and KRW 3.3 million on the following day from the victim to the account under the name of the Defendant, and defrauded KRW 8.3 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1.The Kakao Stockholm dialogue, a statement of accounts transaction by account, account transfer.

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