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(영문) 광주지방법원 순천지원 2016.06.23 2016고단330

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The Defendant established a screen golf course with a loan of at least KRW 500 million in light of 2009, but it was extremely difficult to repay the operating funds additionally borrowed in addition to the unclaimed start-up funds due to a loan of financial rights, etc. in addition to the unclaimed start-up funds. Moreover, the reason why the Defendant borrowed money from the victims is not to establish a new private teaching institute or start-up a long-term business, but to repay the above existing debts. Accordingly, the Defendant did not have any intention or ability to fully repay the borrowed money.

1. At around February 6, 2014, the Defendant: (a) was an intent to lend money to a third party to use it for the purpose of repaying existing debts; and (b) did not actually intend to open a private teaching institute; and (c) the victim of high school-friendly job distribution calls to the high school-friendly victim for an urgent amount of money to open and operate a private teaching institute.

Since a week after lending KRW 20 million, the mother made a false statement that he/she would make a loan in his/her inside and in the name of his/her mother, and that he/she received from the injured party a delivery of KRW 5 million with an account in his/her name E on the same day from the injured party, KRW 15 million with the F account in his/her name on February 10, 2014, and KRW 20 million with the total amount of KRW 20 million.

2. On October 8, 2010, the Defendant: (a) had intended to lend money to a third party for the purpose of repaying existing debts; and (b) did not intend to actually open a private teaching institute; (c) the Defendant was required to post a telephone to the middle-school-friendly victim in order to operate a private teaching institute at the middle-school, net, and Gwangju.

A false statement stating that only KRW 50 million shall be repaid within one year if it is loaned, and that it received KRW 10 million,000,000,000 from the injured party to the NA account under the name of the defendant, and received KRW 50,000,000 through five times.

3. On September 201, 201, the victim I Defendant has lent money to K located in the JJ of Macheon-si around 201.