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(영문) 청주지방법원 영동지원 2015.10.01 2015고단115

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Around January 2013, the Defendant expressed to the victim C the following purport: “The victim C was at the Eju shop located in the Chungcheongnamcheon-gun, Chungcheongnam-do, Chungcheongnam-do, and the victim C expressed to the effect that “The economic situation is too good. There is a lot of money, but there is a lot of money, but it is not possible to use it. It is different from the one that can be recovered only once, on the face of a person who is difficult to see. It is the case that there is a me commercial building and a restaurant is operated three days later.”

However, around that time, the Defendant purchased and owns approximately KRW 110 million for the purchase price of two parcels of land, other than the land in the Gacheon-gun, and approximately KRW 450 million for the land and the ground buildings in the Gacheon-gun G. However, the Defendant had no intention or ability to repay the borrowed amount within the due date, even if the Defendant borrowed three parcels of land from the Gacheon-gun Saemaeul-gun G, with the maximum debt amount of KRW 130 million for the former three parcels of land, and KRW 390 million for the latter’s land and the ground buildings, respectively. There was a right to collateral security as to the maximum debt amount of KRW 30 million for the loans borrowed from the Gacheon-gun Saemaul Community Fund, and KRW 200 million for the loans borrowed from the Gacheon-gun Saemaul Community Fund. Since the Defendant used a significant portion of the amount of income gained by the cafeteria-gun operation as above, the Defendant did not have any intent or ability to repay the borrowed amount within the due date.

As above, the Defendant, by deceiving the victim as above, received KRW 7 million in cash from the victim who was in its possession at around that time, from around 29 times until June 7, 2014, and deceiving the victim as shown in the annexed crime list 1, and then, he received KRW 286,00,000 in cash from the victim or from the He Nonghyup Bank (Account Number: I) account in the name of the Defendant’s name designated by the Defendant or received KRW 25,00,000 from the non-creditor, or had the victim stand a joint and several surety for the debt of the loan.

Accordingly, the defendant deceivings the victim to make a total amount of 311,00,000 won.