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(영문) 창원지방법원 2017.08.23 2017고단528

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant, who committed the crime against the victim C, lent a loan of KRW 50 million to the victim C at the office of Changwon-si, Changwon-si, 101, and the Non-Party E office of the Non-Party 101, and the victim C at the cost of each month if he/she borrowed a loan of KRW 50 million with business funds.

The principal shall be fully repaid after four months.

The phrase “ makes a false statement.”

However, around that time, the Defendant was using approximately KRW 20 million as a continuous business-oriented loan with the burden of financial obligation of KRW 20 million, such as credit card loan, and was missing from the Internet illegal gambling, and there was no intention or ability to pay the above profits and principal normally to the victim.

The Defendant received KRW 7 million from the injured party on September 11, 2013, and KRW 43 million on September 24, 2013, respectively, from the Nonghyup Bank under the name of the Defendant.

Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won in total from the victim.

2. Crimes against victims G;

A. On April 2014, the Defendant: (a) at the I clothes shop located in Sungwon-gu, Sungwon-si, Sungwon-si; and (b) at the victim G, the Defendant loaned the amount of KRW 20 million as business funds to the victim G.

The phrase “ makes a false statement.”

However, around that time, the Defendant was unable to repay the existing debt to the victim and borrowed the above KRW 10 million out of the above KRW 20 million on the ground of J, and was thought to be used to pay the overdue credit card price, and the Defendant was actually paying the existing bonds with the loan of the lending company. Therefore, the Defendant did not have any intent or ability to pay the above money normally.

On April 8, 2014, the Defendant deceivings as above and transferred KRW 10 million to the said Nonghyup Bank account under the name of J (K) by the victim, to the said Nonghyup Bank account under the name of the Defendant.

B. The Defendant wishes to pay for the foregoing reasons even if he borrowed additional money.