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(영문) 광주지방법원 2018.08.09 2018고단1117

사기

Text

A defendant shall be punished by imprisonment for six 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 against the victim C was at least KRW 30 million in debt by combining bank loans and personal loans, etc. around January 2017, and the “E” restaurant operated by the Nam-gu Seoul metropolitan area D was not well-grounded in funeral services, and only did not have any income, and even if having borrowed money from others in order to meet the operating funds of the said restaurant, there was no intention or ability to repay the money, even if having borrowed money from others.

Nevertheless, on January 10, 2017, the Defendant borrowed only KRW 5 million as the cost of living is required due to the fact that son was employed in Australia, and that he did not receive the first salary, at the above “E” restaurant around January 10, 2017. The interest shall be repaid in three copies per month and at any time if a return is requested.

“Falsely speaking,” and its affiliated members receive KRW 5 million from the injured party on the same page as the borrowed money, and subsequently, around February 28, 2017, the victim calls to the injured party for a telephone and requires KRW 2 million as the funds for the operation of the restaurant.

A loan of KRW 2 million shall be repaid at one time by combining with KRW 5 million prior to the loan.

‘Falsely speaking, it received KRW 2 million from the injured party to the Gwangju Bank account in the name of the accused, under the name of the accused.

Accordingly, the defendant was given a total of seven million won by deceiving the victim.

2. On January 2017, the criminal defendant against the victim F did not have the intent or ability to pay the money from others for the same reason as the above 1.1., and there was no money to be received from the defendant's husband or his husband.

Nevertheless, around January 15, 2017, the Defendant borrowed only KRW 15 million as it is necessary to send children with school expenses and cost of living to Australia to the victim F at the above cafeteria “E” restaurant around January 15, 2017. Although money was dead off, the Defendant is scheduled to receive KRW 200 million from her husband in May 2017, and the amount to be received from her husband is approximately KRW 30 million.

Interest shall be 300,000 won per month and shall be as soon as possible.