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(영문) 서울중앙지방법원 2017.11.16 2017고단3386
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

As the Defendant was in a friendship with the Victim B (L, 56 years of age) who had moved to the Republic of Korea for the education of his children, the Defendant was in need of prompt payment because her husband C's casino business was not well good, and her husband was in bad credit standing and her husband was commissioned in Korea due to a large amount of fraud, etc., but he had apartment in the Republic of Korea, and she had an apartment in the Republic of Korea, and she was able to obtain money from her family at any time when he/she borrowed money.

1. On September 2007, the Defendant called the victim traveling to China in the Switzerland D building and the Defendant’s residence and repaid the money at any time on the loan of the money to the victim who was traveling to China.

If the same student fails to repay, he/she shall be paid even if he/she sells it, because he/she has an apartment in Seoul.

“A false statement” was made.

However, the fact that South and North Korean residents did not purchase apartment units, and the defendant was bad credit standing, and the husband was designated in Korea due to a large amount of fraud, etc., so there was no intention or ability to complete payment even if they borrowed money from others.

The Defendant received KRW 50 million from the injured party on October 2, 2007, and KRW 42.5 million on April of the same month from the Defendant’s Dong E-gu bank account in the name of Dong-gu E, and received KRW 92.5 million in total from the Defendant’s Dong-gu bank account.

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

2. On October 20, 2007, the Defendant called the victim at the same place as the above Paragraph 1, and made a false statement to the effect that “I will pay money to her husband’s casino business and pay money at any time if I lend money to her husband.”

However, fact is that the defendant is bad credit, and the husband is designated in Korea due to a large amount of fraud, etc., and even if he borrows money from others, he/she shall pay it.

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