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(영문) 청주지방법원 제천지원 2016.09.08 2016고단242

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operated “C” as a livestock products distributor from March 2013 to March 2015.

1. On April 15, 2014, the Defendant stated that “A victim D shall pay the amount later, if a swine machine is supplied on credit on a daily basis” with the victim D in Seocheon-si, Incheon-si.

However, in the event that the Defendant received approximately KRW 18,00,000 loans from six lending companies around March 2013, the Defendant took out loans from other lending companies to repay the interest rate of KRW 18,00,000 per month and the principal and interest, and paid them in the form of a “defensive” by taking out loans from other lending companies, and the victim was also not able to pay the credit amount of the company on April 4 occasions and the victim was also also unable to pay the credit amount, and there was no intention or ability to pay the full credit amount even if the Defendant was supplied with the said company’s credit payment due to loan interest, living expenses, etc. and there was no income from the operation of the said company.

As above, the Defendant, by deceiving the victim, was supplied with 33,319,650 won on credit from around that time to October 10, 2014, and did not pay 11,744,410 won out of the payment, thereby acquiring pecuniary benefits equivalent to that amount.

2. On December 2014, the Defendant stated that “A victim F will pay the victim F with the payment of the amount later, if he/she provides the victim F with one credit on a one-day basis.”

However, in the event that the Defendant borrowed approximately KRW 18,00,000 from six lending companies around March 2013, the Defendant took out loans from other lending companies to repay the interest rate of KRW 18,00,000 per month and the principal and interest interest, and paid them in the form of a “defensive” by borrowing money from other lending companies, and the victim was also not paid the credit amount of the company around this case.