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(영문) 수원지방법원 여주지원 2019.07.22 2018고정589

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the operator of corporation B.

1. On February 20, 2017, the fraud Defendant borrowed money from the victim C on February 20, 2017, but did not have the intent or ability to repay, but on February 20, 2017, he/she received KRW 18 million, excluding the interest of the Defendant, from the victim’s agricultural bank account (D) in the name of the Defendant’s operation on the same day. In short, he/she received KRW 18 million,000,000,000 from the victim C to the agricultural bank account (D) in the name of the Defendant’s operation on the same day.

The defendant asserts that the defendant could not be viewed as deceiving the victim since he did not know that the victim would pay the borrowed money with the travel expenses received from the customers, and that he could not pay the money because there was no intention to pay the money at the time of borrowing the money, but the travel agency's circumstances make it difficult.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court: (i) the victim stated in this court that the defendant promised to pay 20,000 won as travel expenses received from the customer; (ii) the victim borrowed 20,000 won from other places; and (iii) the victim did not appear to have acted as above if the defendant did not talk with the victim specifically; (iv) the victim knew that the travel industry is not good as the operator of the travel industry as the defendant's argument, it appears that he lent the money only when he received the specific method of repayment from the defendant; and (iv) the defendant received the travel expenses from the group tour, but failed to pay her borrowed money, and the victim's continuous demand for repayment also.