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(영문) 수원지방법원 안산지원 2018.11.07 2018고단2983

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 26, 2014, the Defendant loaned the loan of KRW 40 million to the victim D, who is a workplace partner, with a high interest rate of KRW 40 million from the loan company that jointly and severally guaranteed by the victim. If the victim borrowed the loan from the loan company to the above loan company, the Defendant said that he would make the victim get off the joint and several liability by repaying the money from the above loan company and make the victim repay all the money borrowed from the above loan company at the end of the year.

However, even if the Defendant borrowed money from the injured party, he did not pay the full repayment of the obligation of the lending company, but did not pay it to another individual debt, etc. At the time, the Defendant did not have any intent or ability to pay the victim's money even if he/she used it as interest and living expenses with respect to the money that he/she received as monthly payment exceeding KRW 100 million.

Nevertheless, the defendant, by deceiving the victim and deceiving the victim, is KRW 2 million on the same day from the victim, and the same year.

8.7. Minority: 8 million won; and

8. Around 13. Around 10.0 million won, a sum of KRW 40 million was remitted to each Defendant’s new bank account (E).

2. On February 10, 2015, the Defendant: (a) borrowed the victim’s 20 million won from one capital to repay the victim’s lending money to his/her parents; and (b) borrowed the victim, he/she would have his/her parents repaid his/her money immediately after one week after he/she divinged his/her parents.

The term "" refers to the following.

However, even if the defendant borrowed money from the damaged party, he thought that he would pay it as the material price for the company, and he did not have the intention or ability to pay it to the injured party one week after he repaid the borrowed money to his parents.

Nevertheless, the defendant, by deceiving the victim, received the remittance of KRW 20 million from the victim to the new bank account of the above defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.