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(영문) 창원지방법원 통영지원 2018.08.28 2018고단224

사기

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

【The Defendant was sentenced to seven years of imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon District Court on November 13, 2002, and was released on June 30, 2009 and completed the execution of the sentence on July 28, 2009.

[Judgment of the court below]

1. On April 25, 2017, the criminal defendant against the victim C may borrow money to the victim C in the D market “E” at a macro-si D market on April 25, 2017, where the victim C is able to obtain high profits from lending money to the person who is operating a gambling house with only one-to-one person who is aware of his/her name in the Pyeong Dong-dong at a macro-si. Accordingly, he/she is able to give a high interest.

The phrase “ makes a false statement.”

However, in fact, even though the Defendant was in excess of his/her obligations at the time, he/she opened a restaurant and was able to return the cafeteria as a bond, and the Defendant was forced to use the money for repayment of other debts that arrive at the time, so it was difficult to pay interest even if he/she borrowed money from the injured party, and there was no intention or ability to pay such money.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative (G) account in the name of F on the same day from the victim, and acquired a total of KRW 132,740,000 from that to October 22, 2017, as shown in the attached Table (1) of the Crimes List from that to that of October 2, 2017.

2. On June 19, 2017, the Defendant made a false statement to the victim H that “The victim H would pay interest in the same manner as the principal by lending KRW 2 million to the victim H in the D market on the following occasions: “The victim H would pay interest at KRW 30 million prior to the loan of KRW 2 million.”

However, in fact, even though the Defendant was in excess of his/her obligations at the time, it was unreasonable to open a restaurant, and the Defendant was able to return the cafeteria as a bond, and the Defendant was forced to use the money for repayment of other debts that he/she received. Therefore, the interest is difficult to pay.