beta
(영문) 창원지방법원 진주지원 2019.07.18 2018고단1678

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On November 29, 2017, the Defendant was sentenced to a suspended sentence of ten months for the crime of forging private documents at the Jinwon District Court's Jinwon Branch, etc., and the said judgment became final and conclusive on December 7, 2017.

【Criminal Facts】

1. Crimes against the victim B;

A. On March 31, 2017, the Defendant: (a) as a credit service provider operating a “Co.” on or around March 31, 2017, the Defendant loaned money to the victim B at the pawnpo Office located in Jincheon-si, Jin-si around March 31, 2017, to the victim B; (b) is expected to receive a long-term customer loan certificate and a notarized document; (c) if the Defendant borrowed KRW 900,000,000,000,000,000,000,000,000,000,000,000,000,00

However, at the time, the Defendant was unable to recover the claim amounting to KRW 400 million in the operation of the pawnpo, and the Defendant was able to receive money from the victim in return for the short-term repayment with reference to the lender and to use the money for personal purposes, such as the payment of money, employee, monthly salary, living expenses, etc., and did not have any intent or ability to repay the money within three months.

Nevertheless, the Defendant, by deceiving the victim, received KRW 9.1 million from the victim to the Agricultural Cooperative (E) account in the name of the Defendant, the Defendant used by the Defendant on the same day.

B. Around May 22, 2017, the Defendant loaned KRW 20 million to the victim of the above office at around May 22, 2017, “Around the time when the Defendant borrowed KRW 1,00,000,000 to the person who pays a gas station under the Ordinance of the Ministry of Health and Welfare.” The Defendant borrowed KRW 1,00,000,000,000,000,000,000 to one month. As the provisional registration was made on the land of the person, the Defendant made a false statement to the effect that he/she is responsible within the Republic of Korea and is expected to repay the principal.”

However, the defendant is guilty.

As if it is possible to repay within a short period of time, cash will only be used for personal purposes with cash as it refers to a virtual borrower.