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(영문) 춘천지방법원 속초지원 2014.09.17 2014고단251
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around September 28, 2008, the Defendant stated that “Around September 28, 2008, the Defendant borrowed KRW 80,000,000 from his/her mother to his/her parent-child and took over Schlage from his/her parent-child, and he/she should promptly repay the money to the victim E, and that he/she will repay the money to B, if he/she lends money.”

However, in fact, the Defendant, without any particular property or profit at the time, committed a debt worth KRW 50 million, and the Defendant did not have any intent or ability to repay the debt even if she borrowed money from the victim, on the ground that economic difficulty exists, such as the repayment of the debt simply by the so-called “competing” form.

The Defendant received 40 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. Around October 2012, around October 16, 2012, the Defendant stated, “Around October 2012, the Defendant would repay money to the said victim at the place indicated in paragraph (1) at the time when the crime was committed.”

However, the Defendant was liable for a large number of obligations without any particular property or profit at the time, and there was no intention or ability to repay the said obligations, even if she borrowed money from the victim, as it was economically difficult for the Defendant to repay the said obligations in the so-called “competing manner.”

The Defendant received 33,300,000 won from the victim, i.e., a loan from the victim, and 6,70,000 won around October 22, 2012, respectively, and around the 30th day of the same month, a total of 60,000 won was transferred to the new cooperation account (F) in the name of the Defendant, and around the 30th day of the same month.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer for E.

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