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(영문) 서울남부지방법원 2019.07.18 2019고단1621

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around November 29, 2017, the fraud Defendant stated to the effect that “A business is running a business of lending funds necessary to meet the average remaining amount of the construction company’s capital at the end of the year’s capital to the construction company” to the victim C through B at a place that may not be located at the Jeju-si (hereinafter referred to as “B”), but if a loan is made, the Defendant would pay the principal and pay 5% interest every month after investing in the business to the construction company.”

However, the Defendant did not have any particular property or income at the time, but did not receive a debt demand even when the Defendant did not have any business to lend funds necessary to meet the average remaining amount at the end of the year of the construction company’s capital and to pay profits. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to generate profits by investing it in the business as notified to the victim, and did not have any intent or ability to pay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received a sum of KRW 65 million from the victim, including KRW 50 million around November 30, 2017, and KRW 15 million around December 1, 2017, and acquired it by deception.

2. Forgery of private documents and the display of private documents;

A. On January 28, 2018, the Defendant without authority, without the authority at a place where Jeju-si Interlock is located, entered the name, resident registration number, and address of “A” in the column for joint and several liability, entered the name, resident registration number, and address of “D” in the column for joint and several liability, and then issued the Defendant’s U.S. loan certificate as above in the inter-U.S. coffee shop in the Jeju-sil Interlock on the same day to the creditor E who is aware of that fact.

In this respect.