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(영문) 광주지방법원 2020.09.17 2019고단5351

사기

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud as to B is acquitted.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. The Defendant continued to engage in monetary transactions by lending a total of 12 million won from the victim C who was known to the Defendant while working together with the D Association from around 2008 to 2010, and repaying a total of 12 million won, and there is an apartment that received a secured loan.

Along with the fact that the victim had a great deal of business in China, caused the victim to trust that he/she had the ability to pay his/her future debt in a stable manner while performing his/her business in China. However, while he/she was liable for a debt equivalent to KRW 3.6 million, he/she did not have any particular property or income other than KRW 3,00,000 per month salary, and was planned to pay money from the victim within 2 years as he/she did not have any intent and ability to pay the principal within 3,00,000,000,000 won, he/she did not have any intent and ability to pay the principal within 2 years as he/she promised to do so. From June 20, 201, the first floor "G" coffee Building 1,000,000 won, etc. on the first floor of the Gwangju-gu Mine Building 1,150,000 won, it is difficult for the victim to live with many interest, and the principal shall be repaid within 2 years."

On July 6, 2011, the Defendant, by deceiving the victim as above, received KRW 20 million from the H bank account (I) in the name of the Defendant as the borrowed money from the victim, and acquired it by defrauded.

B. On June 25, 2012, the Defendant, at the office of the Association in Seo-gu, Seo-gu, Seo-gu, Gwangju, concluded that “If the Defendant borrowed a considerable amount of debt to the Defendant, 20 million won, he/she would have paid the amount of KRW 20,000,000,000 that he/she borrowed before the deposit, he/she would pay the interest amount of KRW 80,000,000 per month,” and that he/she acquired the money from the victim under the name of the Defendant as the borrowed money on June 25, 2012.

2. The defrauded against the victim M shall be the defendant at the end of February 2017 N in Gwangju-gu.