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(영문) 전주지방법원 2016.02.25 2015고단1125

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence against the defendant for a period of one year from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. The Defendant and B jointly committed the crime committed by the Defendant and B, who had not been in office at the time, led to economic difficulties due to lack of any special revenue, decided to conduct a business that could make a lot of profits available for a short period of time. Accordingly, the Defendant and B operated the loan business office by driving the loan business office.

On May 2, 2012, the Defendant and B are required to operate the loan business office in the loan business office where the trade name in the friendly children in the So-gu Seoul Special Metropolitan City on May 2, 2012 is unknown.

A false statement was made to the effect that the office will be repaid if the office is operated.

However, the defendant and B did not have business experience and discontinue business within one month, and they did not have any living expense due to economic difficulties, so even if they borrowed money from the damaged party, they did not have the intent or ability to repay the borrowed money to the injured party.

However, the Defendant and B received KRW 6 million from the injured party to the E bank account (F) in the name of the E bank account in the name of 2.21 page of the evidence record) and received KRW 27 million in total four times from around that time to May 7, 2012, as shown in attached Table 2-5 (1).

Accordingly, the defendant and B received property by deceiving the victim in collusion.

2. On May 7, 2012, the Defendant solely committed a false statement to the effect that, at a lending business office where it is difficult to identify the trade name of the Defendant’s child at the Seongdong-gu Seoul Special Metropolitan City, the Defendant borrowed money from the victim C to the effect that “LPG car is to be sold.” The Defendant would be paid a full return at the loan business office.”

However, in fact, the defendant was unable to pay money to the extent that he did not have any living expenses, and the loan business office was not operated properly, so even if he borrowed money from the damaged party, he did not have any intention or ability to pay it.

However, the defendant is in the name of D from the injured party.