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(영문) 서울중앙지방법원 2014.10.16 2014고단3632
사기등
Text

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

except that 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

[2014 Highest 3632]

1. On October 19, 2010, the Defendant stated to the victim E at the Defendant’s home of Gangnam-gu Seoul apartment and 104 Dong 303, the Defendant stated to the effect that “The Defendant’s East F owns the land in Chuncheon, and the Defendant’s East F owns the land at Chuncheon, and is expected to sell and purchase it, without molding it.”

However, the facts were that the Defendant and the Defendant’s birth F did not own the ground at Chuncheon. At the time, the Defendant did not have any intent or ability to repay even if he borrowed money, such as the Defendant’s failure to perform his business and the seizure of his property, using his deposit account in the name of his father, and the F had no intent or ability to pay back the money, even if he borrowed money from the Defendant’

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a transfer of KRW 3.2 million to the deposit account in the name of his/her father, and 8 million to the Defendant’s deposit account in the name of his/her mother.

2. On November 2, 2010, the Defendant stated on the part of the victim “H” located in the Seocho-gu Seoul Metropolitan Government G, that “I will pay to the victim 10 million won of the money to be used as Redson’s expenses if the Defendant borrowed the money to be used as Redson’s expenses.”

However, the defendant was scheduled to use the above KRW 7 million out of the above KRW 10 million for other purposes, such as using it as rent for his/her residence, and there was no intention or ability to repay within two months due to lack of self-sufficiency, such as Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the deposit account in the name of his/her father in the name of his/her father.

3. The Defendant, on January 27, 201, stated that “The Defendant shall pay the card price to the victim through a telephone conversation. KRW 2 million shall be the mother and child, who shall receive the cash service within this time.”

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