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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1011

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 21, 2009, the Defendant was sentenced to two years of imprisonment for a crime in the Sungnam branch of the Suwon District Court for a crime, and was released on November 30, 2010 and on March 9, 2011 during the execution of the sentence, the parole period was expired.

【Criminal Facts】

1. On February 18, 2013, the Defendant stated that “A real estate office operated by the Defendant in Pyeongtaek-si Co., Ltd. in the middle of February 2013, the Defendant would provide the victim E with a false statement that “I will provide a brokerage service for importing and selling grain in China, and will pay the principal to the victim E with a loan of KRW 10 million to be used as the fund for importing grain until March 10, 2013.”

However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to use the money for personal purposes, such as repayment of debts and living expenses, and did not have any intent or ability to use it as the grain revenue. Since the amount of debts exceeds KRW 500 million at the time, it does not have any circumstances that make it possible for the Defendant to repay the money to the victim, and therefore there was no intention or ability to pay the money to the victim.

On February 18, 2012, the Defendant received KRW 10 million from the victim as the loan money from the Defendant’s agricultural bank account with the Defendant’s agricultural bank account around February 18, 2012.

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

2. On March 12, 2013, the Defendant stated that “The Defendant would pay the principal and interest of 10% prior to the loan of KRW 50 million until March 27, 2013, as well as the principal and interest of KRW 10% prior to the loan of KRW 50,000,000,000 to the victim,” at the office of “D Real Estate” (hereinafter “D Real Estate”).

However, as stated in Paragraph 1, the defendant thought that he will use the money for all personal purposes, such as lending money from the victim, and did not have the intention or ability to use the money for the revenue, and did not fully pay the existing debt amount of 500 million won.