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(영문) 수원지방법원 2015.12.09 2015고단2662

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. To the extent that there is no substantial impediment to the exercise of the right of defense by the accused against fraud, the facts charged shall be arranged as follows and recognized as the facts constituting the crime in this

Around March 9, 2013, the Defendant, at the E coffee shop located in Gangnam-gu Seoul Metropolitan Government, received a loan of KRW 50 million from the capital to the victim F. The Defendant paid KRW 3 million on the interest of the month during which payment was made in arrears. G is expected to pay KRW 40 million as soon as G planned to sell, but is expected to pay KRW 50 million within two to three months if G lent KRW 50 million. Unless otherwise, the Defendant would repay the purchase price of the apartment house No. 201, Dong 1302, Dong 201, Dong 1302, which is owned by G. In addition, the Defendant made a false statement to the effect that “I will receive a loan certificate issued in the name of a small I.”

However, at the time, the Defendant worked for an insurance company, and there was no particular property, and G with the large amount of the Defendant was engaged in the business of softner, but the income was not specified, but more than KRW 50 million. The above apartment was actually owned by the Defendant as well as the Defendant’s smallest children, and there was no collateral value, such as the establishment of two-mortgages, and I did not allow the Defendant to use a loan certificate or directly borrow a loan certificate without knowing that the Defendant borrowed money from the victim. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay it.

Nevertheless, the Defendant, from the victim to the Korean bank account (J) in the name of the Defendant, KRW 50 million on March 13, 2013, and KRW 2013,00.

6. The total amount of KRW 58 million was transferred on 19.8 million.

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

2. On March 13, 2013, the Defendant: (a) borrowed bits using computers at a place where the location cannot be known; and (b) on March 13, 2013, she borrowed bits from Ha on a day from Ha on March 13, 2013.