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(영문) 전주지방법원 2012.08.23 2011고단2374

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in this case, the charge of violating the Civil Execution Act is acquitted.

Reasons

Punishment of the crime

1. Around November 15, 2004, the Defendant: (a) lent money to the victim D (hereinafter “C Wastewater Agency”) at the time of the former North Korea, “The Defendant: (b) paid the interest rate of 0.6% per month; and (c) paid the principal within three years; (b) however, the Defendant was not the actual operator of C Wastewater Agency at the time; (c) paid a debt amount of KRW 200 million; (d) the real estate owned was not property value due to provisional attachment, etc.; and (e) was intended to use the borrowed money in repayment of the debt; and (c) there was no intent or ability to repay the borrowed money even if the Defendant borrowed money from the victim. Ultimately, the Defendant, as such, by deceiving the victim, received KRW 50 million from the victim; and (d) paid the principal amount of KRW 50 million from the victim’s place to April 26, 2005; and (d) paid the Defendant’s total amount of KRW 310,500,000,07.37.

However, at the time, the defendant was not a actual operator of the C&L agency and the J/L agency, and the debt was about KRW 200 million, and the real estate owned was not an intention or ability to repay the debt even if he borrowed money from the victim with no property value due to provisional seizure.

Ultimately, the Defendant, as such, received a total of KRW 188,00,000 from November 27, 2007, including the Defendant, by deceiving the victim, and received KRW 60,000,000 from the victim’s position, from November 27, 2007.

Summary of Evidence

1. The defendant's partial statement 1.1.

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