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(영문) 의정부지방법원 2016.03.14 2015고단2932

사기등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Fraudulent "2015 Mano 2932";

A. On December 26, 2006, the Defendant made a false statement to the effect that “The Defendant would give a large amount of profit by making an investment in real estate at a hotel nearby the hotel, and by making an investment in real estate on the face of the loan,” to the victim D.

However, in fact, the Defendant had no particular property at that time and had been intent to use the money borrowed from the damaged party for the purpose of repaying other debts. Therefore, even if the money was borrowed from the damaged party, there was no intention or ability to pay the profits to the injured party and to repay the principal by paying the money to the injured party.

Nevertheless, the Defendant, as seen above, was issued KRW 81,00,000 on the same day as the date of borrowing from the injured party under the name of the victim, including KRW 29,000,000,000 on the said day and KRW 52,00,000 around the said month.

B. On December 28, 2005, the Defendant made a false statement to the effect that “A victim E will pay interest on KRW 10,000,000 on a face-to-face loan,” within the hotel hotel cooking office, and that “A victim E will pay interest on KRW 10,00,000 on a face-to-face loan.”

However, in fact, the Defendant had no particular property at that time and had been able to use the money borrowed from the damaged party for the purpose of repaying other debts. Therefore, even if the money was borrowed from the damaged party, the Defendant did not have the intent or ability to pay the principal by paying the interest on the fourth portion of each month to the injured party.

Nevertheless, the Defendant, as seen above, was delivered KRW 10,000,000 on April 16, 2007, from that time to that time, as shown in the list of crimes in attached Form 26, including by deceiving the victim and receiving KRW 10,00,000 on the same day as the borrowed money from the victim.

(c)

The defendant around September 1, 2005 is a victim F within the hotel hotel cooking office and the victim F.