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(영문) 대전지방법원 천안지원 2013.10.17 2013고단828
사기
Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 25, 2009, the fraud defendant stated on May 25, 2009 that "if he/she lends 50 million won to the victim E on the female rooftop located in Dong-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul, " will pay 100 million won including interest after one month after the loan."

However, at the time, the Defendant did not have a certain amount of income, and the personal debt was more than 40 million won, and thus, even if the Defendant borrowed 50 million won from the victim, there was no intention or ability to pay 100 million won after the month.

As such, the Defendant made a false statement to the victim and received 50 million won from the victim around May 25, 2009.

2. On July 2009, the Defendant stated that “The Defendant would pay a promissory note of KRW 100 million at a cash discount rate of KRW 100 million on September 18, 2009, to the victim E at the 7th floor office of the F building in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on July 2009.”

However, at the time, the defendant was aware that the above bill will be settled in default, and even if the bill is discounted by the victim, there was no intention or ability to pay 100 million won.

As such, the Defendant got a false statement to the victim and received 35 million won from the victim around that time.

3. On August 7, 2009, the Defendant said on August 7, 2009, that “Around August 7, 2009, the Defendant would lend KRW 25 million to the victim E at the 7th floor office of the F building in Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to pay KRW 50 million including interest after one month.”

However, at the time, the Defendant did not have a certain amount of income, and was in bad credit standing for the personal debt of KRW 40 million. Thus, even if the Defendant borrowed KRW 25 million from the victim, there was no intention or ability to pay KRW 50 million after the month.

As such, the Defendant made a false statement to the victim and received KRW 25 million from the victim around August 7, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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