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(영문) 광주지방법원 2017.05.25 2016고단1826

사기등

Text

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

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

Reasons

Punishment of the crime

"2016 Highest 1826"

1. Fraud;

A. On December 20, 201, the Defendant against the victim C is not in a situation where the victim C operates the community, and there is no time limit to provide the community to the support center.

Second, there is a lack of money to pay the deposit in order to look at apartment houses in the name of his/her father from the whole tax to his/her monthly income.

In other words, the Plaintiff stated that he will pay the money borrowed with the money.

However, at the time, the defendant was liable to pay 100 million won or more, and due to the circumstances in which he was paying the debt with money to another person, he did not have the ability to repay the money as the promise even if he borrowed it from the damaged person

Around December 20, 201, the Defendant, as above, obtained a total of KRW 32,600,000 through an account in the name of the Defendant around December 20, 201 from the injured party, and acquired KRW 6,00,000 through an account in the name of the Defendant, as shown in the attached Table 1, as well as a total of KRW 11 times.

B. On March 2014, the Defendant against the victim D is receiving interest at 20% per month by lending money from the victim to the person who is in need of internal funeral or to the person who is in need of salary pay, and then receiving interest from the victim in Fari or Fari in Seo-gu, Seo-gu, Gwangju.

B. A loan to B was discussed that the said money would be lent to another person and the said interest would be paid at 15% per month.

However, at the time, the defendant was thought to have borrowed money from the damaged person and used it to repay other debts.

The Defendant, as seen above, received KRW 10,000,000 from the injured party on March 5, 2014, as well as KRW 32,00,000,00 from the injured party on seven occasions, such as the list of crimes in the attached Table 2.

2. The criminal defendant is a friendship member who joins a friendship together with the victim G and pays 20,000 won to all the 11 fraternity members every month.