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(영문) 수원지방법원 2017.10.13 2017고단4161

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around March 2015, the Defendant was in excess of the obligation due to a bond of approximately KRW 100 million without any particular property, and the Defendant thought that “the repayment of the loan interest” was the prompt term “the payment of the loan interest by receiving the time limit money,” and thus, there was no intent or ability to continue to pay the credit money even if the Defendant was admitted to a fraternity operated by the victim and received the time limit money.

1. On March 30, 2015, the Defendant joined two teams in the name of the Defendant and the Defendant’s seat at the coffee shop, where it is difficult to know the trade name in the main Dong-dong at Ansan-si, and the victim C, by falsely concluding that “to subscribe to the fraternity and pay in good faith each month.”

However, since the defendant was in excess of his/her obligation and was thought to prevent the return, he/she did not have any intent or ability to continuously pay the fraternity even if he/she was admitted to the fraternity and received the time limit money.

The Defendant received KRW 20,200,000 from the injured party on June 30, 2015, and KRW 20,60,000,000 around October 30, 2015 from the injured party as each extension money.

2. On November 10, 2015, the Defendant joined two old units in the sequences operated by the victim and the Defendant’s name in the sequences operated by the victim by making a false statement to the victim as described in the foregoing paragraph 1 at the place indicated in the foregoing paragraph 1.

However, since the defendant was in excess of his/her obligation and was thought to prevent the return, he/she did not have any intent or ability to continuously pay the fraternity even if he/she was admitted to the fraternity and received the time limit money.

The Defendant received KRW 10 million from the injured party on November 10, 2015, and KRW 10 million on January 10, 2016 from the injured party as each credit extension money. < Amended by Presidential Decree No. 27817, Jan. 10, 2016>

3. On December 19, 2015, the Defendant joined one unit in the sequence operated by the victim by making a false statement to the victim as described in the foregoing paragraph 1 at the place indicated in the foregoing paragraph 1.

However, in fact, the defendant thought that he was in excess of his obligation and did not return it.