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(영문) 대구지방법원 김천지원 2014.07.03 2014고단440
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2012, the Defendant made a false statement to the victim E in the “D” office located in the Gumi-si C 102, Gumi-si, Seoul, stating that “I would receive a loan within a prompt time to lend money due to the necessity of operating expenses.”

However, even if the Defendant borrowed the above money, the mother did not intend to use it as operating expenses, and there was no intention or ability to repay the borrowed money from the victim due to the fact that the Defendant did not have any intent to use it as operating expenses, and that approximately KRW 20 million was paid for each month, such as reimbursement of debts, building rent, employee’s benefits, and operating expenses of private teaching institutes.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant around the 10th of the same month.

2. On May 30, 2012, the Defendant made a false statement to the victim E at the same place as in the preceding paragraph, stating, “If a private teaching institute material cost is required and a 1.5 million won is lent, then the Defendant would repay the same as the money borrowed prior to receiving the loan later.”

However, at the time, the Defendant was liable for the personal debt of approximately KRW 50 million, and there was no intention or ability to repay the borrowed money from the victim due to the fact that the monthly income was merely about KRW 5 million, in the situation where approximately KRW 20 million was paid due to the repayment of the debt, building rent, employee's benefits, and operating expenses of the private teaching institute.

Nevertheless, the Defendant deceiving the victim as above and received 1.5 million won in cash from the victim on the same day.

3. On May 31, 2012, the Defendant made a false statement to the victim E by phoneing the victim E at a Buddhist area below the Gwanak-gu, U.S.A., and “If money is urgently needed and then, 3.5 million won is exceeded, the Defendant would have borrowed money in the same way as the borrowed money will be repaid later as the loan was received.”

However, the defendant was about 5.

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