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(영문) 서울동부지방법원 2014.03.19 2013고단3471
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has left Korea on June 19, 1996 and continued to reside therein.

1. The Defendant, around April 28, 1993, issued a false statement to the victim that “Seoul, Nowon-gu, the Defendant purchased the F apartment of Dobong-gu Seoul, and would pay the money borrowed from the apartment if he borrowed the part payment.” On the part of the victim, the Defendant received KRW 8 million from the victim, i.e., e., the victim, who received the payment from the victim.

However, at that time, the Defendant had no intention or ability to pay money even if he borrowed money from the victim due to a large amount of other debt, and there was no idea to set the money on the above apartment, and when he sold the above apartment, he would first pay other debts.

2. Around October 12, 1993, the Defendant, at the place of the above 1.1. paragraph (1) of the same Article, made a false statement to the victim stating that “The Defendant shall make a lump sum payment with the borrowed money prior to the loan of KRW 25 million to the victim,” and received KRW 25 million from the victim.

However, at that time, the defendant had no intention or ability to repay other debts even if he borrowed money from the victim because there are many other debts.

3. On October 31, 1994, the Defendant made a false statement to the victim that “if there is any balance due to the payment of the F apartment balance, it would be repaid with the deposit money without a mold, by setting aside the deposit money,” at the place of the above 1.1., the Defendant received KRW 30 million from the victim.

However, at that time, the Defendant had no intention or ability to pay money even if he borrowed money from the victim due to a large amount of other debt, and there was no idea to set the money on the above apartment, and when he sold the above apartment, he would first pay other debts.

4. Around December 14, 1994, the Defendant loaned KRW 10 million to the victim with the payment of the money borrowed from another person at the place of the above 1.1.

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