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(영문) 창원지방법원 진주지원 2019.08.22 2019고단651

사기

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

1. The victim B, who committed the crime against the victim B, lent 18 million won to the defendant around 2010, but only returned 5 million won, and the remainder did not return, and the contact with the defendant was cut down on May 2017.

Around August 28, 2017, the Defendant: (a) was parked in the parking lot of the Busan metropolitan office located in Haak-gun, Haak-gun, Haak-gun, Haak-gun, Haak-gu, Haak-gu, Haak-ro, Ga, 211; (b) stated that “The Defendant is working in the Gaak-gun located in Seoul, where the Defendant is currently operating, and the name of the Gaak-gun is in the future; (c) however, the Defendant is a plan to receive a loan as security for the Gaak-gun; (d) it is necessary to receive a loan; and (e) it is changed to the extent of KRW 29 million, with interest added to the money that was not repaid in advance.”

However, around 2017, the Defendant was liable to pay KRW 0,000 won by using bonds or lending money to the other party in the course of preparing a performance planning project upon receipt of another person’s proposal. Since the said project is not well-grounded, the obligor was trying to use the money borrowed from the obligee to pay off the debt, and there was no business name in the name of the Defendant, and there was no plan to receive a loan from the victim as collateral, so even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money.

Around August 29, 2017, the Defendant, by deceiving the victim, received KRW 28,050,000 from the victim’s account in the name of the Defendant (E).

From around that time to August 11, 2018, the Defendant deceivings the victim as shown in the attached Table 1, and total sum of 86,410.