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(영문) 수원지방법원 2017.02.10 2016고정2415

사기

Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 23, 2015, Defendant A: (a) performed as if he/she had an intention and ability to pay the purchase fund while running the E office located in Suwon-si, Suwon-si; and (b) provided an application for the payment of the purchase fund to the victim KB Capital Co., Ltd. through F that operates the above sales store; and (c) received a loan of KRW 9.9 million from the purchase fund of the Oba, by submitting an application for the payment of the purchase fund to the victim KB Capital Co., Ltd.

However, even if the Defendant purchased Obaba, he did not have any idea to use it properly, he purchased Obaba with a loan from the injured party, and immediately thought that he would sell Obaba and make a cash loan, and he did not have any intention or ability to pay 9 million won to the injured party properly.

Nevertheless, the defendant deceivings the victim as above and caused the victim to pay 9.9 million won in installments to Obato G of Obaba selling chain G, thereby acquiring economic benefits equivalent to the same amount.

2. On September 22, 2015, Defendant B: (a) took place as if he had an intention and ability to pay the purchase fund while running the E office located in Suwon-si, Suwon-si; and (b) provided an application for the payment of the purchase fund to the victim KB Capital Co., Ltd. through F that operates the above sales store; and (c) received a loan of KRW 9.9 million from the purchase fund of the Oba, by submitting an application for the payment of the purchase fund to the victim KB Capital Co., Ltd.

However, even if the Defendant purchased Obaba, he did not have any idea to use it properly, he purchased Obaba with a loan from the injured party, and immediately thought that he would sell Obaba and make a cash loan, and he did not have any intention or ability to pay 9 million won to the injured party properly.

Nevertheless, the defendant deceivings the victim as above and let the victim do so.