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(영문) 제주지방법원 2017.08.24 2017고단868

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Around 200, the Defendant, without any particular property, had a debt of KRW 100 million. Around 200, while working as a designer of a new life insurance policy, the Defendant began to borrow money on the condition that he would pay high interest on the said new life and other surrounding people, including those who were aware of the fact while working in the said new life without any specific income. When the situation was urgent in paying principal and interest, the Defendant attempted to repeatedly lend money on the condition that he would give high interest on the payment of principal and interest from other persons, with the intention to repeat the so-called “the so-called “the so-called “the so-called “the return prohibition”, and, as above, intended to use the borrowed money as one’s personal debt and living expenses.

1. On March 6, 200, the Defendant made a false statement that “The Defendant would pay the principal and interest to the victim C by lending money to another person while playing in money to the other person.”

However, in fact, the Defendant did not have borrowed money to the neighboring people, and did not have called “money play” in which high interest was paid. Even if the Defendant borrowed money from the damaged person, it was planned to use the money as return prevention, repayment of debt, living expenses, etc., and did not possess any specific property under his/her name. Even if the Defendant borrowed money due to the aggravation of debt, due to the aggravation of debt, there was no intention or ability to pay the principal and interest to the victim.

Nevertheless, the Defendant, as seen above, received a total of KRW 162,768,00 over 41 times from the victim C, and received a total of KRW 1,249,029,200 from around that time to June 22, 2002, as shown in the list of crimes in attached Form 133 times, as shown in the list of crimes.

2. On March 23, 2002, the Defendant: (a) around March 23, 2002, made the victim D as a joint guarantor; (b) the spouse E as a joint guarantor.