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(영문) 대전지방법원 2013.09.11 2013고단464

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 15, 2011, the Defendant stated that “D” in the coffee shop of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government “D” means that “B shall pay 10,000,000 won to B to receive interest each 400,000 won per month by paying 10,000 won to B. The principal shall be returned without a mold after one year.”

However, even if the defendant received the above money from the victim, he did not think of re-investment. The defendant borrowed money for the purpose of using the principal and interest on personal debts of KRW 70,000,000, and made a false statement to the victim as above. Since the principal and interest on the above personal debts of KRW 70,000 are not paid properly, even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received money of KRW 10 million from the victim for the same day as the loan money, and obtained KRW 44,940,000 in total six times until May 14, 2012, such as the list of crimes in the attached Table, and acquired it by deception.

2. On March 2, 2012, the Defendant stated that “D,” in the coffee shop, “D” near the Gangnam Station, the victim F, “it is essential to obtain the said money. It is necessary to obtain the money.” The Defendant borrowed KRW 20 million in the name of the Party, and then would make it possible for the Defendant to pay 46% of the principal and the loans to the Party, one year after the payment of all the principal and the loans to the Party.”

However, even if the defendant received money from the victim, he/she did not have the intent to use it as the above. The defendant borrowed money for the purpose of paying principal and interest on personal debts of KRW 70,000,000, and made a false statement to the victim as above. As seen above, the defendant did not pay the principal and interest payment for the above personal debts of KRW 70,000,000.