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(영문) 의정부지방법원 고양지원 2013.08.30 2013고단999
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

"2013 Highest 999" was committed by the Defendant on November 10, 2009, when the Defendant assumed a credit card payment obligation of about seven million won, etc., and the Defendant took out money from others to pay KRW 7 million per month, such as interest on the monthly obligation, deposit money, insurance premium, etc., but did not have any intent or ability to pay such money, and was paid a premium to repay the existing debt with the borrowed money. On or around November 10, 2009, the Defendant got out of the Republic of Korea due to the Defendant’s failure to perform his/her obligation, which led to the escape of the obligor to evade this.

1. On October 2, 2008, the Defendant made a false statement to the victim C, “A person who lends 30 million won to his/her husband and wife, will pay 30 million won within six months, if he/she lends 30 million won to his/her husband and wife in the vicinity of the Cheongju District Court, Cheongcheon-dong, Chungcheongnam-do.”

However, in fact, the defendant thought that he would use the above money to repay obligations other than the money transferred to his father, and because of the above situation at the time, he did not have the intention or ability to repay the money even if he received the money from the victim.

On October 6, 2008, the Defendant received 30 million won from the victim via a passbook (Account Number D) in the name of the Defendant on or around October 6, 2008.

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

2. Around April 10, 2009, the Defendant made a false statement to the said victim C, stating, “I wish to leave high interest income if I lend money to the said victim C.”

However, as stated in Paragraph 1, the defendant thought that he will use the above money to repay another debt, and due to the above situation, he did not have any intention or ability to repay the money even if he received it from the victim.

On April 20, 2009, the Defendant received 20 million won from the victim at the post office passbook (Account Number E) in the name of the Defendant on or around April 2009.

This is the defendant.

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