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(영문) 대전지방법원 천안지원 2012.05.17 2012고단16

사기

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A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

1. The Defendant, as a person of bad credit standing, recognizes the Defendant as having no property value due to the establishment of the right to collateral security, namely, lending the financial standing in the name of the Defendant F, which is the only property in the name of an individual.

Under the circumstances where there is no fixed revenue source and it is extremely difficult for the real estate office to use the money from the victim E to cover the shortage of living expenses, etc., or to invest in the Liberel business in the Philippines.

The Defendant, while residing in a large apartment in the name of the wife G and walking out the out-of-the-door vehicle, was fluent with the history of the movement, and acted as if he would simultaneously proceed with the design and various investment projects, etc. of the golf course and make the big profits, and formed the personal trust relationship with the victim, and acquired the money by borrowing it from the victim as follows:

2. Criminal facts;

A. On Nov. 1, 2009, the Defendant made a false statement to the effect that “The Defendant would pay the victim interest on five (5) monthly interest if he/she borrowed money, and pay the principal within one (1) month.”

However, the Defendant, as seen above, did not have any personal property or fixed income and did not have any profit from various investment businesses, was expected to receive money from other persons and repay the borrowed money. As such, the Defendant did not have any intent or ability to pay the principal and interest to the victim at the time of the due date agreed from the beginning.

In addition, all the property trusted to the victim, such as apartment houses, external vehicles, commercial buildings and store deposits, etc., in which the defendant had resided, are owned by the defendant's wife G, and where the defendant did not have the right to dispose of the property, or where the defendant was actually unable to pay the property due to the repayment.