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(영문) 창원지방법원 마산지원 2020.01.07 2019고단611

사기

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

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

Reasons

Punishment of the crime

1. Fraud of loans;

A. Around March 22, 2011, the Defendant made a false statement to the victim B at the Haban post office located on the Haban-gun’s Haban-gun, that “a loan is made by taking out insurance as security by the post office, and a loan interest will be repaid and the loan interest will also be repaid.”

However, at the time, the Defendant had a debt equivalent to KRW 40 million, such as bonds, and the profits from the operation of the restaurant have been used for living expenses and the repayment of the above debts. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the money.

The Defendant, as seen above, by deceiving the victim and borrowing KRW 2 million from the post office of the Defendant, received a loan of KRW 2 million in cash from the victim on March 22, 2011, and received a total of KRW 10,80,000,000 from around that time to October 12, 2012 in total seven times in the same manner as indicated in attached Table 1, from around that time.

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

B. On July 22, 2011, the Defendant made a false statement that “A person who borrowed insurance money to a victim B as collateral, such as postal insurance money lending, shall also borrow money from the victim B as collateral. In doing so, the Defendant would pay money and pay interest on the loan.”

However, at the time, the Defendant had a debt equivalent to KRW 40 million, such as bonds, and the profits from the operation of the restaurant have been used for living expenses and the repayment of the above debts. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the money.

The Defendant, as above, by deceiving the victim and deceiving him, was given a loan of KRW 4.8 million from C to the victim, and received cash of KRW 4.8 million around July 22, 2011.

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

(c) relating to D insurance coverage loans.