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(영문) 청주지방법원 제천지원 2013.07.18 2013고단140

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 140"

1. Around April 4, 2011, the criminal defendant against the victim C made a false statement to the victim C within 604 EMoel 604, EM, which is located in Seocheon-si D, stating, “If the victim intends to engage in F and Aggregate Business, and if 50,000 won of funds necessary for the business is loaned, it shall be repaid by the end of the following month.”

However, the Defendant had no particular occupation at the time, and was registered as a bad credit holder due to the delinquency in paying KRW 15 million for the vehicle, and the said aggregate business was scheduled to begin on June 201, and there was no possibility to bring profits from the said business prior to that time. Therefore, even if the Defendant borrowed money from the victim by the end of May 201, 201, the Defendant did not have any intent or ability to pay such money properly.

As above, the Defendant, by deceiving the victim as above, received 5.5 million won from the victim to the single bank account in the name of the defendant on the same day, and acquired 1,045 million won from the above account on the 15th day of the same month as the above loan, respectively, for the purpose of borrowing 4.95 million won.

2. On August 18, 201, around 23:30 on August 18, 201, the criminal defendant against the victim G stated that “A victim G shall have reached an agreement with knife that he/she reaches the knife. It borrowed eight million won necessary to reach an agreement. There is a difference in the loan of eight million won necessary to reach an agreement. At present, the criminal defendant would sell maroto and return mato within three to four months.”

However, there was no fact that the Defendant did not have any other person with a knife, and there was no other occupation at the time, and there was a registered person with a bad credit standing as above, and there was no possibility that the said magar gathering business will make profits from the said business as it was discontinued on June 201, and there was no intention or ability to make a proper repayment even if the Defendant borrowed money from the victim as above.

The defendant deceivings the victim as above and is on the same day from the victim.