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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1471

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

Punishment of the crime

1. The Defendant, on June 23, 2017, obtained cash loans from the Defendant, phoneed to the victim B, who is the branch, at a place where Asan does not know at the city of Asan on June 14:00, thereby raising money to start a restaurant.

As far as possible, the purport of "to make repayment within one year" was stated to the effect that it will be repaid.

However, in fact, the Defendant had to lend all the restaurant start-up costs to others without any special property at the time, and there was no intention or ability to change the lending of money from the injured party even if the Defendant borrowed money from the injured party because there was no reason to operate the restaurant and there was no reason to permit the restaurant to operate the restaurant.

The Defendant, as above, by deceiving the victim as above, received from the injured party the delivery of KRW 20,000,000,000 on June 23, 2017, and 3,000,000,000 on July 4, 2017, and 23,000,000,000.

2. On July 21, 2017, the Defendant would attempt to sell to the victim B, who works for Asan-si C around July 21, 2017, the victim B, a restaurant start-up business, and pay the purchase price.

Accordingly, the purpose of this paper was to "be paid within one year from the purchase of new vehicles by obtaining a loan to purchase new vehicles."

However, in fact, the Defendant did not have any special property, and the Defendant was unable to make profits by operating a restaurant as mentioned in the above Paragraph 1, and the Defendant’s name was in the state of setting up a security interest for the lending company, and thus, even if sold the above automobile, the Defendant did not enter the Defendant even if he purchased the new automobile, and the Defendant was planned to sell it on the face of the new automobile, and thus, the victim did not have any intent or ability to pay the price as agreed even if he purchased the vehicle with the loan.

The defendant is the victim as above.