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(영문) 대전지방법원 2020.04.23 2019고단3295

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On August 2012, the Defendant: (a) came to know at the victim B and the club of a motor vehicle; (b) borrowed KRW 30,500,000 from the victim on May 31, 2013; and (c) borrowed money from the victim during the period from December 24, 2014 to October 20, 2015, the Defendant repaid the principal and interest of the loans of the lending company every month.

On April 2016, the Defendant made a false statement stating, “The Defendant would at once repay the principal and interest of the loan of the lending company every month,” to the victim, who obtained a loan from the lending company and repaid the remainder of the loan from the lending company.”

However, the Defendant did not have any particular property; however, the Defendant borrowed approximately KRW 70 million from others, but did not receive any refund, and it was thought that the interest burden on the loan was high enough to prevent the Defendant from returning the above loan as part of the money borrowed from the victim. As above, if the victim borrowed money from the lending company and borrowed money from the lending company, the amount of principal and interest on the loan of the lending company was approximately KRW 600,700,000 for each month expected to have been repaid, and there was no intention or ability to fully repay the principal and interest on the loan of the lending company. The Defendant’s vehicle lease fee was KRW 1.8 million for each month, and KRW 1,50,000 for each month, and KRW 1,50,000 for each month interest paid to the above victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim borrow KRW 193,80,00 from 10 to 10 of the lending company, and received KRW 122,80,000 from the victim to the deposit account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Part of each of the police interrogation protocol against the defendant.